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4 Harv. L. Rev. 193 (1890-1891)
The Right to Privacy

handle is hein.journals/hlr4 and id is 205 raw text is: HARVARD
VOL. IV.             DECEMBER i, 1890.                No. 5.
It could be done only on principles of private justice, moral fitness,
and public convenience, which, when applied to a new subject, make
common law without a precedent; much more when received and
approved by usage.
WILLES, J., in Millar v. Taylor, 4 Burr. 2303, 2312.
T HAT the individual shall have full protection in person and
in property is a principle as old as the common law; but
it has been found necessary from time to time to define anew the
exact nature and extent of such protection. Political, social, and
economic changes entail the recognition of new rights, and the
common law, in its eternal youth, grows to meet the demands of
society. Thus, in very early times, the law gave a remedy only
for physical interference with life and property, for trespasses vi
et ar-mis. Then the right to life served only to protect the
subject from battery in its various forms; liberty meant freedom
from actual restraint ; and the right to property secured to the in-
dividual his lands and his cattle. Later,there came a recognition of
man's spiritual nature, of his feelings and his intellect. Gradually
the scope of these legal rights broadened; and now the right to
life has come to mean the right to enjoy life,- the right to be let
alone ; the right to liberty secures the exercise of extensive civil
privileges; and the term property has grown to comprise every
form of possession- intangible, as well as tangible.
Thus, with the recognition of the legal value of sensations, the
protection against actual bodily injury was extended to prohibit
mere attempts to do such injury; that is, the putting another in

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