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Human Law
Man-made law is law that is made by humans, usually considered in opposition to concepts like natural law or divine law. The European and American conception of man-made law has changed radically in the period from the Middle Ages to the present day. In the Treatise on Law, Thomistic view dominant in the Medieval period, man-made law is the lowest form of law, as a ''determinatio'' of natural law or divine positive law. In the view dominant in the modern period, man-made law is thought of as primary ''because'' it is man-made. The Soviet Union went further, not recognizing any such thing as divine or natural law. In several Islamic countries, man-made law is still considered to be subordinate to divine law. Philosophical concepts In Hegelianism Professor Heinz Mohnhaupt of the Max Planck Institute for European History of Law relates man-made law to Georg Wilhelm Friedrich Hegel, Hegel's concept of ''Rechtsgesetze'' or "Laws of Right", which Hegel placed in opposition to the ''Nat ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolutionary War (1775–1783), gaining independence from the British Crown and establishing the United States of America as the first nation-state founded on Enlightenment principles of liberal democracy. American colonists objected to being taxed by the Parliament of Great Britain, a body in which they had no direct representation. Before the 1760s, Britain's American colonies had enjoyed a high level of autonomy in their internal affairs, which were locally governed by colonial legislatures. During the 1760s, however, the British Parliament passed a number of acts that were intended to bring the American colonies under more direct rule from the British metropole and increasingly intertwine the economies of the colonies with those of Brit ...
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Popular Sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any particular political implementation.Leonard Levy notes of the "doctrine" of popular sovereignty that it "relates primarily not to the Constitution's ctualoperation but to its source of authority and supremacy, ratification, amendment, and possible abolition" (Tarcov 1986, v. 3, p. 1426). Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns". Origins Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Rousseau authored a book titled ''The Social Contract'', a prominent political work that ...
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Divine Law
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater authority than other laws, for example by assuming that divine law cannot be changed by human authorities. According to Chaniotis, Divine laws are noted for their apparent inflexibility. The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely. Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural tradition. Co ...
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Allah
Allah (; ar, الله, translit=Allāh, ) is the common Arabic word for God. In the English language, the word generally refers to God in Islam. The word is thought to be derived by contraction from '' al- ilāh'', which means "the god", and is linguistically related to the Aramaic words Elah and Syriac (ʼAlāhā) and the Hebrew word '' El'' ('' Elohim'') for God. The feminine form of Allah is thought to be the word Allat. The word ''Allah'' has been used by Arabic people of different religions since pre-Islamic times. The pre-Islamic Arabs worshipped a supreme deity whom they called Allah, alongside other lesser deities. Muhammad used the word ''Allah'' to indicate the Islamic conception of God. ''Allah'' has been used as a term for God by Muslims (both Arab and non-Arab) and even Arab Christians after the term " al- ilāh" and "Allah" were used interchangeably in Classical Arabic by the majority of Arabs who had become Muslims. It is also often, albeit not exclusiv ...
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Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ...
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Law Of God
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater authority than other laws, for example by assuming that divine law cannot be changed by human authorities. According to Chaniotis, Divine laws are noted for their apparent inflexibility. The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely. Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural tradition. Co ...
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Moral Absolutism
Moral absolutism is an ethical view that some (potentially all) actions are intrinsically right or wrong. Stealing, for instance, might be considered to be always immoral, even if done for the well-being of others (e.g., stealing food to feed a starving family), and even if it does in the end promote such a good. Moral absolutism stands in contrast to other categories of normative ethical theories such as consequentialism, which holds that the morality (in the wide sense) of an act depends on the consequences or the context of the act. Comparison with other ethical theories Moral absolutism is not the same as moral universalism. Universalism holds merely that what is right or wrong is independent of custom or opinion (as opposed to moral relativism), but not necessarily that what is right or wrong is independent of context or consequences (as in absolutism). Moral universalism is compatible with moral absolutism, but also positions such as consequentialism. Louis Pojman gives th ...
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Just Law
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Alternative dispute resolution, alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of ...
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Letter From Birmingham Jail
The "Letter from Birmingham Jail", also known as the "Letter from Birmingham City Jail" and "The Negro Is Your Brother", is an open letter written on April 16, 1963, by Martin Luther King Jr. It says that people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts. Responding to being referred to as an "outsider", King writes: "Injustice anywhere is a threat to justice everywhere." The letter, written in response to "A Call for Unity" during the 1963 Birmingham campaign, was widely published, and became an important text for the civil rights movement in the United States. The letter has been described as "one of the most important historical documents penned by a modern political prisoner", and is considered a classic document of civil disobedience. Background Birmingham, Alabama was known for its intense segregation and attempts to combat said racism during this time period. ...
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Martin Luther King Jr
Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 1968. An African American church leader and the son of early civil rights activist and minister Martin Luther King Sr., King advanced civil rights for people of color in the United States through nonviolence and civil disobedience. Inspired by his Christian beliefs and the nonviolent activism of Mahatma Gandhi, he led targeted, nonviolent resistance against Jim Crow laws and other forms of discrimination. King participated in and led marches for the right to vote, desegregation, labor rights, and other civil rights. He oversaw the 1955 Montgomery bus boycott and later became the first president of the Southern Christian Leadership Conference (SCLC). As president of the SCLC, he led the unsuccessful Albany Movement in Albany, ...
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