Private law binding non-consenting parties is unobjectionable when the disadvantaged had no prior claim
Evidence
- In many instances, the law gives effect, and obviously should give effect, to private determinations which the person on the receiving end has had no share whatever in making or agreeing to. The testator makes his will without consulting either those who are to benefit from his bounty or those who hoped to but will not. The owner of property makes ex Darte rules about when and under what conditions the public shall be allowed to enjoy it. In these and other cases the person disadvantaged by the private law has no share in making it, but the advantage which he is denied is one to which he had, in general understanding, no claim in the first place. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4414
Categorization
- XREF: connects to: Individuals routinely have law made for them without personal consent in our legal system. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4407; Corporate power lets private groups make binding decisions with continuing effect — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4445