The Right to be Left Alone

I am developing the impression that private law, indeed the goal of American law in general, is to unfetter the individual and allow him or her to pursue their own concept of right. All tort law, property law and contract law seem to point to this. The idea of "negative rights," i.e. the right to be left to one's own devices absent an infringement upon another seems to be at the heart of what law is all about.

Under the traditional corrective justice regime, Tort law seems to only involve itself when a person has "wronged" another, causing them damages. Hence, its only purpose is to rectify an imbalance between two parties where one has infringed upon the rights of another. Affirmative duties appear only when the bare needs of a social contract supersede individual rights, requiring a person to involve themselves in the affairs of others. Anytime Tort Law exceeds these bounds (punitive damages, statutory enforcement, wealth distribution), it seems to take on a functionalist goal which Tort law is incapable of dealing with.

The ultimate goal of contract law appears to enforce what the parties would have agreed to ex ante had they considered the position they find themselves in ex post. Hence the placing of burdens upon the least cost avoider, allowing damages to lay where they law absent bad faith, and enforcing contracts that leave a party worse off but assumed the risk. This seems to further the goal that people should only have limits placed on their freedoms where they have contracted to do so in furtherance of their own good.

Finally, property law in general appears to protect a persons right to the sanctity of their possessions. Only when there is a superseding societal need can the government "take" one's possessions.

Is this Freedom? Is American law about protecting the right of the individual to be left alone to pursue what he or she deems best? I like the idea that I should be left to find out what is best for me and don't have big brother deciding it for me. But is that where we are going?