Posted by Eugene Volokh:
Now There's a Ringing Defense of Self-Defense:
http://volokh.com/archives/archive_2006_11_12-2006_11_18.shtml#1163715509
From Aldrich v. Wright, 53 N.H. 398 (1873) (paragraph breaks added):
Higher and earlier in its origin than the constitution or the
common law, not superseded by those temporal and finite systems,
but sustained and enforced by their declaration and sanction of the
highest, primary, eternal, and infinite law of nature the right of
defence cannot be prescribed within the limits of a narrow
technical rule. It is an original and comprehensive prerogative,
necessarily ascertained and defined by natural reason. It is not
established by any fallible authority, nor measured by any
precedent, nor restricted by any arbitrary dogma.
Long upheld by the common law, it has, under the administration of
that law, theoretically been what it was before; and now,
reinforced by a constitutional guaranty, it is what it has always
been. The authorities of the common law show what it has been held
to be by men whose opinions are entitled to great consideration. If
any discrepancy should be found in the definitions of it given by
common-law precedent and by natural reason, the latter must
prevail, because the right is explicitly asserted in the bill of
rights as a natural right, and not as one defined by common-law
authorities.
The New Hampshire Constitution provides (and provided at the time),
"All men have certain natural, essential, and inherent rights, among
which are, the enjoying and defending life and liberty, acquiring,
possessing, and protecting property; and, in a word, of seeking and
obtaining happiness."
_______________________________________________
Volokh mailing list
[email protected]
http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
