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Libertarianism

The philosophy put forward by theorists Adam Smith and Thomas Hobbes is for an individual to use society as a tool for acquiring property. They saw the state as simply a means to an end, not as a provider. They opposed artificial restraint on the free-will of the individual to pursue his own self interests. Hobbes would have called it liberal natural law.

Freedom of Contract as we know it today stemmed from the Enlightenment ideals of John Locke. Locke's Two Treatises of Government argued against the divine right of kings as the supreme authority. Society, Locke reasoned, functioned best when freely determined social contracts governed human behavior. This was the only way to preserve life, liberty, and property. He called these "natural" rights.

In the United States, fundamental rights have special significance under the Ninth Amendment to the Constitution. The framers of the constitution intended for it to be a catch-all amendment to make it clear that rights and liberties were not exclusive or limited to the bill of rights. The 9th Amendment says

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