Journal ArticleDOI
Abuse of Rights
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Our law has not hesitated to place the seal of its approval upon a theory of the extent of individual rights which can only be described as the consecration of the spirit of unrestricted egoism as discussed by the authors.Abstract:
The theory of the abuse of rights is one which has been rejected by our law, with the result that the ancient brocard ‘ dura lex sed lex ’ finds its most vivid illustration in the present-day decisions of the Anglo-American Courts. The absolutist view of rights which is a feature of the Common Law was summed up by Lord Macnaghten in trenchant language when he said in Mayor of Bradford v. Pickles that although Mr. Pickles's conduct in wilfully depriving his fellow townsmen of part of their water supply might be ‘shocking to a moral philosopher’ there was nothing in the law of England which could stop him from being as ‘churlish, selfish and grasping’ as it was possible for a man to be. In other words our law has not hesitated to place the seal of its approval upon a theory of the extent of individual rights which can only be described as the consecration of the spirit of unrestricted egoism.read more
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