ABSOLUTE RIGHTS

no comments

Absolute Rights

“As regards right to interfere with contractual obligations of another, ‘absolute rights ’ which individual may exercise without reference to motive are rights incident to ownership of property, rights growing out of contractual relations, and right to enter or refuse to enter contractual relations.

“By the ‘absolute rights ’ of individuals is meant those which are in their primary and strictest sense, such as would belong to their persons merely in a state of nature, and which every man is entitled to enjoy, whether out of society or in it. The rights of personal security, of personal liberty, and private property do not depend upon the Constitution for their existence. They existed before the Constitution was made, or the government was organized. These are what are termed the ‘absolute rights ’ of individuals, which belong to them independently of all government, and which all governments which derive their power from the consent of the governed were instituted to protect. ”

Words and Phrases, Volume 1,1968 West Publishing Company