[FoRK] Smoking mad...

Luis Villa <luis at tieguy.org> on Tue Feb 5 18:26:05 PST 2008

On Feb 5, 2008 8:26 PM, Jeff Bone <jbone at place.org> wrote:
> On Feb 5, 2008, at 5:19 PM, Luis Villa wrote:
> > On Feb 5, 2008 6:00 PM, Jeff Bone <jbone at place.org> wrote:
> >
> >> I reject the notion that an owner who allows uninvited guests on his
> >> property for any reason --- even commercial --- has in any way ceded
> >> his rights of control over his property and what happens upon it.  If
> >> you assert that he *has* then you have created a new right for an
> >
> > Those rights, known as common carriage rights, have existed in English
> > common law for not quite 700 years. And precursors date back to Roman
> > law. These are not new rights.
> >
> > But hey, who am I to get in the way of a fine rant.
> I reject the idea that "common carriage" applies to the kind of
> mutual and not-immediately-perilous consensual activities of a group
> of adults we're talking about here.

I didn't say they did. But they are impositions on private property
owners in the name of a public good. That concept is not new; it is
nearly as old as the notion of private property itself.


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