Further Antedating of "Eminent Domain"

Fred Shapiro fred.shapiro at YALE.EDU
Mon Jan 31 19:52:46 UTC 2005

On Mon, 31 Jan 2005, Baker, John wrote:

>         Nice work, Fred.  This may be the origin of the term.  But
> wasn't The Law of Nations published in 1758?  "Eminent domain" must have
> been in it before 1805, because there are cases from 1796 that discuss
> eminent domain and cite Vattel.

Probably so.  Here's an earlier, non-Vattel citation:

1783 _Board of American Loyalists.. The case and claim of the American
loyalists impartially stated and considered. Printed by order of their
agents._ 22  All these acts, with many others, are justifiable under the
fundamental law of _eminent domain_, common to all civil societies.

Fred Shapiro

Fred R. Shapiro                             Editor
Associate Librarian for Collections and     YALE DICTIONARY OF QUOTATIONS
  Access and Lecturer in Legal Research     Yale University Press,
Yale Law School                             forthcoming
e-mail: fred.shapiro at yale.edu               http://quotationdictionary.com

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