4. The ``Apt'' Term:

The Second Treatise of Government is a veritable quarry of liberal doctrines. In it the crystallizing force of Locke's writing is markedly apparent. The cause of human liberty, the principle of separation of powers, and the inviolability of private property-all three major dogmas of American constitutionalism-owe their presence in our Constitution in large part to the remarkable Treatise which first appeared around 1685 and was destined to spark, within three years, a revolution in the land of the author's birth, and ninety years later, another revolution against that land.

Here the writer has not been able to resist the appropriation of two striking terms-``quarry of liberal doctrines'' and ``crystallizing force''; a perfectly proper use of terms would have required only the addition of a phrase: The Second Treatise of Government is, to use Sherman's suggestive expression, a ``quarry of liberal doctrines.'' In it the ``crystallizing force''-the term again is Sherman's-of Locke's writing is markedly apparent.

Other phrases in the text above-``the cause of human liberty'', ``the principle of the separation of powers'', ``the inviolability of private property''-are clearly drawn directly from the original source but are so much matters of public domain, so to speak, that no one could reasonably object to their re-use in this fashion.