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Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there ...
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
The law of equal liberty is the fundamental precept of liberalism and socialism. [1] Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. [2]
the right to freedom (Article 19, 22): Article 19: Protection of certain rights regarding freedom of speech, expression, assembly, association, movement, and residence; Article 20: Protection in respect of conviction for offenses; Article 21: Protection of life and personal liberty; Article 21A: Right to education
Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
The right to self-defense is rooted in common law and has been incorporated into statutory law in all 50 states. [21] It serves as a legal justification for the use of force, including deadly force in some cases, when an individual reasonably believes they are in imminent danger of bodily harm or death.
The defining characteristics of libertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though social order is often seen as a desirable side effect of a free market rather than a philosophical ...
In a related case after the American Civil War, the clause was employed, in combination with other enumerated powers, to give the federal government virtually complete control over currency. [9] The clause has been paired with the Commerce Clause to provide the constitutional basis for a wide variety of federal laws.