12-27-2009, 12:40 PM
Dan,
Yep, I recall that case and picked up materials at Dolan’s store many times back when I lived in Tigard. It's the one that later brought forth several other cases on other aspects regarding land takings and municipal coercions to grant permit approvals.
I’ve no doubt these Hawaii statutes can be shredded at the Federal level too but there are other existing precedence cases that should settle it at the Hawaii Supreme Court if not before. I wish I could dig them up again, but I do recall that some of the arguments cited the Homestead Act amongst a couple other things. The argument finally summed up on the preamble for one of the Justices and it was along the lines of the following excerpt of Ayn Rand from “Man’s Rights”.
--------- “A “right” is a moral principle defining and sanctioning a man’s freedom of action in a social context. There is only one fundamental right (all the others are its consequences or corollaries): a man’s right to his own life. Life is a process of self- sustaining and self-generated action; the right to life means the right to engage in self-sustaining and self-generated action-which means: the freedom to take all the actions required by the nature of a rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life. (Such is the meaning of the right to life, liberty and the pursuit of happiness.)
The concept of a “right” pertains only to action—specifically, to freedom of action. It means freedom from physical compulsion, coercion or interference by other men.
Thus, for every individual, a right is the moral sanction of a positive—of his freedom to act on his own judgment, for his own goals, by his own voluntary, uncoerced choice. As to his neighbors, his rights impose no obligations on them except of a negative kind: to abstain from violating his rights.”---------
E ho'a'o no i pau kuhihewa.
Yep, I recall that case and picked up materials at Dolan’s store many times back when I lived in Tigard. It's the one that later brought forth several other cases on other aspects regarding land takings and municipal coercions to grant permit approvals.
I’ve no doubt these Hawaii statutes can be shredded at the Federal level too but there are other existing precedence cases that should settle it at the Hawaii Supreme Court if not before. I wish I could dig them up again, but I do recall that some of the arguments cited the Homestead Act amongst a couple other things. The argument finally summed up on the preamble for one of the Justices and it was along the lines of the following excerpt of Ayn Rand from “Man’s Rights”.
--------- “A “right” is a moral principle defining and sanctioning a man’s freedom of action in a social context. There is only one fundamental right (all the others are its consequences or corollaries): a man’s right to his own life. Life is a process of self- sustaining and self-generated action; the right to life means the right to engage in self-sustaining and self-generated action-which means: the freedom to take all the actions required by the nature of a rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life. (Such is the meaning of the right to life, liberty and the pursuit of happiness.)
The concept of a “right” pertains only to action—specifically, to freedom of action. It means freedom from physical compulsion, coercion or interference by other men.
Thus, for every individual, a right is the moral sanction of a positive—of his freedom to act on his own judgment, for his own goals, by his own voluntary, uncoerced choice. As to his neighbors, his rights impose no obligations on them except of a negative kind: to abstain from violating his rights.”---------
E ho'a'o no i pau kuhihewa.