Originalism
Malla Pollack
mallapollack3 at gmail.com
Fri Sep 24 17:30:40 PDT 2010
Sorry. But major scholars disagree with your reading. As does the plain
language Locke wrote. See the multiple authorities cited in Polack, *he
Owned Public Domain,* 22 Hastings Comment 265 (2000).
Malla
On Fri, Sep 24, 2010 at 6:44 PM, Jon Roland <jon.roland at constitution.org>wrote:
> On 09/24/2010 06:10 PM, Malla Pollack wrote:
>
> John Locke wrote The Two Treatises *specifically *to dispute Filmore (sp?)
> assertion that the Monarch could tax as He liked because the Sovereign was
> the only true "owner" of the land.
>
> He was responding to *Patriarcha*<http://constitution.org/eng/patriarcha.htm>,
> Robert Filmer (1680). However, he was not disputing the doctrine that the
> sovereign, or ultimate lawgiver, is the owner of all the land of a country,
> because the power to make superior law for a territory is ultimately
> "ownership" of it. That remains the legal order for real property to this
> day. See this<http://landterms.com/Articles_and_FAQ_s/Real_Estate_Articles_and_FAQ_s/Title_to_Real_Estate_FAQ_s/Real_Estate_Title_FAQ_s_1470.html>
> .
>
>
> -- Jon
>
> ----------------------------------------------------------
> Constitution Society http://constitution.org
> 2900 W Anderson Ln C-200-322 Austin, TX 78757
> 512/299-5001 jon.roland at constitution.org
> ----------------------------------------------------------
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ucla.edu/pipermail/conlawprof/attachments/20100924/2d182657/attachment.htm>
More information about the Conlawprof
mailing list