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View Diary: Cartoon: Stand your ground, dirtbag (43 comments)

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  •  I'm not sure I understand (1+ / 0-)
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    AaronInSanDiego

    England had a vast amount of common laws which were established by court rulings. That's just kind of how they rolled. It's how we roll as well.

    And I can find no evidence that the Castle Doctrine is older than the Enlightenment period. It wouldn't even make sense for it to be older than that, as I wrote in another comment. The Castle Doctrine has the Enlightenment, the idea of individuality, all over it. The duty to retreat does not and comes across as much older.

    And I know who Blackstone is. After all, his Commentaries gets cited in our own court cases pretty much every year.

    Time is of no account with great thoughts, which are as fresh to-day as when they first passed through their authors' minds ages ago. - Samuel Smiles

    by moviemeister76 on Wed Feb 26, 2014 at 09:19:03 PM PST

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    •  Here...this is what I understand history to be (5+ / 0-)

      Castle doctrine

      The legal concept of the inviolability of the home has been known in Western Civilization since the age of the Roman Republic.[2] The term derives from the historic English common law dictum that "an Englishman's home is his castle". This concept was established as English law by 17th century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628.[3] The dictum was carried by colonists to the New World, who later removed "English" from the phrase, making it "a man's home is his castle", which thereby became simply the castle doctrine.[3] The term has been used in England to imply a person's absolute right to exclude anyone from his home, although this has always had restrictions, and since the late twentieth century bailiffs have also had increasing powers of entry.[4]

      -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

      by gerrilea on Wed Feb 26, 2014 at 09:44:59 PM PST

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      •  Except (1+ / 0-)
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        AaronInSanDiego

        The only evidence of when it cropped in that quote is no earlier than the 17th century. And again, the very concept of the Castle Doctrine aligns with the Enlightenment, the concept of individuals and property rights.

        Time is of no account with great thoughts, which are as fresh to-day as when they first passed through their authors' minds ages ago. - Samuel Smiles

        by moviemeister76 on Wed Feb 26, 2014 at 10:17:04 PM PST

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        •  I cannot follow your logic, honestly. (2+ / 0-)
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          Tom Seaview, FrankRose

          This argument about the "enlightenment and individual property rights".

          The coin of phrase, "castle doctrine" was not referenced as such until the Blackstone era...but as he points out, just because he labeled "home defense" as such, at that time does not invalidate the thousands of years of history previously.

          The "concept" of defending your home isn't new.  "The duty to retreat" is.

          -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

          by gerrilea on Thu Feb 27, 2014 at 12:00:39 AM PST

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