The right to equality: philosophical genesis and implementation problems. Introduction : In common language, freedom is often defined as " do what you want " This leads us to believe that freedom must be studied in two forms . Freedom as freedom of action and freedom as the freedom of desire. We will therefore show the different conceptual approaches of freedom: formal freedom , real freedom and moral freedom, which belong to two ways of conceiving freedom either empirical or metaphysical. Equality is a concept quite equivocal, form the Latin aequalitas "equal" , it can be characterized as what is equivalent , which is no different either quantitatively or qualitatively , we need to distinguish equal rights and social equality.
Unit 3 (P1) Citizenship. What is the legal term of citizen ? Citizenship is the status of a person recognised under the custom or law of a state that bestows on that person (called a citizen ) the rights and privileges of citizenship. Such rights and privileges include the right to vote, work and live in the country and the right to return to the country, besides other rights. A citizen may also be subject to certain duties, such as a duty to serve in the army.
This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The substantive interpretation holds that the rule of law intrinsically protects some or all individual rights. The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the "rule of man. "[28] According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". [28] Upholding the rule of law can sometimes
POL 120.0901 9/13/2014 Why the constitution is considered a “living document” The Constitution is a set of rules and regulations building up a document that provides explanations regarding the guiding principles of a country and which guarantees all citizens their rights (Amar 27). Many nations of the world have written and implemented their own constitutions. Nevertheless, a constitution is considered to be a living document for several reasons. Therefore, this paper focuses on a discussion of some of the reasons that explain why a constitution is considered a “living document”. A number of reasons explaining why a constitution is considered to be a living document include, the ideas of separation of power, checks and balances, judicial reviews and the process of amendment.
The Denotative meaning of freedom can be expressed through the dictionary definition, through antonyms and synonyms from the thesaurus, and from a negative definition. The Merriam-Webster dictionary defines freedom as “the state of being free from the control or power of another.” But freedom cannot be defined that easily. While The thesaurus tries to define freedom with the use of synonyms like liberty and self-government. Liberty and self-government are both parts of freedom, both are required to have freedom. Liberty allows U.S. citizens to have the right to choose how they live their life.
To John Austin, the distinguishing feature of positive law, and one that sets it apart from ‘positive morality’, is that it is set by a sovereign person or a sovereign body of persons to members of an independent political society wherein that person or body of persons is sovereign or supreme. It is the scope of this essay to explain the philosophical implications of Austin’s proposition by clearly stating his basic contentions and highlighting the reactions from other positivist such as Hart. Philosophical implications of positivism Legal positivism generally comprises an approach to the question of the nature of law, which regards the law’s most important feature as being the fact that it is specifically created and put forward (posited) by certain persons in society who are in positions of power and who then provide the sole source of the validity and authority of such law. The issue raised by the question ‘what is law?’ for legal positivists is essentially a question of fact to be answered by empirical reference to and analysis of objective social phenomena. Only material as can be factually identified as being legally relevant should be taken into account in the analysis, because law is a distinct phenomenon which can originate , exist and be explicable only within its terms, even though it may have some
Beatrice Forbes-Robertson Hale, the author of The Nest Builder and What Women Want, has her own perception related to the definition of feminism. She delivers the definition of feminism explicitly in her What Woman Want that “Feminism is that part of the progress
Why is it so difficult to define citizenship? To start off I think I should begin by defining the term citizenship. Citizenship is defines as “an individual’s legal membership of and recognition by a state that grants mutual rights and obligations between state and citizen” nonetheless, the notion of citizenship is much more intricate. It has numerous types that would offer based on who is listing them. An example of this would be noble friendliness and the approval of mutual democratic standards.
In the theory, the original position of equality corresponds to the state of nature in the traditional theory of the social contract (Feinberg 2005: 600). It is designed to be a fair and impartial point of view that is to be adopted in our reasoning about fundamental principles of justice. We are to view ourselves as free and equal persons who jointly commit themselves to principles of social and political justice (http//:plato.stanford.edu/entries/original-position). This original position is not, of course, thought of as an actual historical state of affairs, much less as a primitive condition of culture. It is understood as a purely
Rhetorical Analysis Essay Immigration: The Argument for Legalization Rhetorical Analysis Essay Immigration: The Argument for Legalization Composition II ENG1200 S01 By: Chant’e Patterson January 20, 2015 The topic of this article is Immigration: The Argument for Legalization. The reason this article is controversial because they want to point out how immigration laws are being enforced enough to allow immigrants to work and live legally in the United States. To allow immigrants to become legalized in the United States the immigration laws needs to have open borders. Though this is a true statement and there are open borders then people should be allowed to enter and leave any country that they wish since there are state required open borders. However, many people in our countries are in favor of this immigration law of having no open borders and believe that only political refugees have a right to enter in the states which I find to be unreasonable.