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Which school of thought do you fall into re: hunting w/o permission?

Discussion in 'Hunting' started by Dr. Tad Hussein Winslow, Oct 9, 2009.

?

Which theory do you subscribe to?

  1. A

    172 vote(s)
    86.9%
  2. B

    17 vote(s)
    8.6%
  3. C

    1 vote(s)
    0.5%
  4. D

    8 vote(s)
    4.0%
  5. E

    0 vote(s)
    0.0%
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  1. Flyboy

    Flyboy Member

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    Art, I'm not bringing this up as "the law in such-and-such state," but rather as a point of interest. Historically (seventeenth century, if not earlier), trespass to land was known as "trespass quare clausum fregit," or "wherefore he broke the close," the "close" being the enclosed boundary of the land, with or without a fence. In most torts, the plaintiff has to prove damages, but that wasn't required for trespass qu. cl. fr.--the common philosophy was that merely treading on someone's grass constituted damage.

    This is the basis of modern trespass-to-land. Granted, different jurisdictions implement it differently, but the ancient doctrine is that you do damage merely by stepping foot on my land, and it's therefore actionable.

    Just a point to think about for those who claim a right to use another man's land, even if you claim not to hurt anything.
     
  2. Tim the student

    Tim the student Member

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    I'll agree with that enough to say that it is not untrue. But not harming is not the point - being where you don't belong is.

    As I said earlier, if it's mine to use, then it's mine to use. If it's not mine to use, then it's not mine to use. It's simple.
     
  3. zt77

    zt77 Member

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    even if it is legal to do so and you feel it is acceptable or morally acceptable, the landowner may not. that will only cause hard feelings and problems. it really isnt hard to ask permission if for no other reason than to be polite about it.
     
  4. schlockinz

    schlockinz Member

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    Hell we raped and pillaged this land from other people, isn't it about time to do it again?
     
  5. R.W.Dale

    R.W.Dale Member

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    That's what they get for not getting out if the stone age. Nowadays such actions tend to get responded to in more equal terms
     
  6. schlockinz

    schlockinz Member

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    how so, oil deeds recently helped get rid of some of my people (ie within a century), I'd hardly call that stone age.

    Just like my argument, I think this thread has served its purpose and is now more than a silly argument
     
  7. zt77

    zt77 Member

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    YOUR people, as in Americans?
    I am Cherokee and Choctaw indian as well as other tribes, in fact I live in Cherokee County.
    I get benefits for being a tribesman, not the least of which is free health care, not that I use it.

    It is rather silly associating yourself more with the native tribes.
     
  8. schlockinz

    schlockinz Member

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    My people as in Americans would work as well, had a great grandfather killed for oil leases, not a drop of non-european blood in him, his family had been here since the 1700's.

    But thats beside the point, the point is that some of you seem rather out of line with the placement of what trespassing on property is, equating it to burglary, breaking and entering etc. Do you threaten someone passing out pamphlets in your neighborhood if they knock on you're door? They're trespassing by some of the definitions that are out there.
     
  9. John Parker

    John Parker Member

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    Yes. It's what humans do to each other, Indians included.
     
  10. Art Eatman

    Art Eatman Administrator Staff Member

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    This has gotten way too far away from the intent of the OP. Enuf.
     
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