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Lex Iniusta Non Est Lex
An unjust law is no law at all, in Latin ''lex iniusta non est lex'', is an expression of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. History Throughout history, philosophical and religious writers have often objected to unjust laws. For example, in Isaiah 10: In the fourth century AD, Augustine of Hippo said "for I think a law that is not just, is not actually a law" ("''nam mihi lex esse non videtur, quae justa non fuerit''"). He wrote this when discussing why evil exists. His conclusion was that it's ultimately a problem caused by people departing from good or just behavior. Should laws be obeyed? Yes, but only if they are just. Thomas Aquinas exhaustively examines the legitimacy of man-made laws and whether they should be obeyed, in Summa Theologica. He asks "do man-made laws have to be obeyed?" His answer is no; a law only need to be obeyed if it is legitimate in three wa ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ...
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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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Kenneth Einar Himma
Kenneth Einar Himma is an American philosopher, author, lawyer, academic and lecturer. Born in Seattle, Himma earned his bachelor's degree from the University of Illinois in 1985, his masters from the University of California in 1987, and his doctorate of law from the University of Washington School of Law in 1990, before receiving his PhD in 2001 from the University of Washington for his thesis, "The Status of Legal Principles".Curriculum Vitae: Kenneth Einar Himma
at the University of Washington School of Law. Retrieved 9 April 2017.
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Lon Fuller
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller was a professor of Law at Harvard University for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts. His debate in 1958 with the prominent British legal philosopher H. L. A. Hart in the ''Harvard Law Review'' (Vol. 71) was important in framing the modern conflict between legal positivism and natural law theory. In his widely discussed 1964 book ''The Morality of Law'', Fuller argues that all systems of law contain an "internal morality" that imposes on individuals a presumptive obligation of obedience. Robert S. Summers said in 1984: "Fuller was one of the four most important American legal theorists of the last hundred years". Personal life Fuller was born in Hereford, Texas, and graduated from Stanford Law School. He started t ...
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John Finnis
John Mitchell Finnis, , (born 28 July 1940) is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law. He is the Biolchini Family Professor of Law, emeritus, at Notre Dame Law School and a Permanent Senior Distinguished Research Fellow at Notre Dame's de Nicola Center for Ethics and Culture. He was Professor of Law & Legal Philosophy at the University of Oxford from 1989 to 2010, where he is now professor emeritus. He acted as a constitutional adviser to successive Australian Commonwealth governments in constitutional matters and bilateral relations with the United Kingdom. His academic focus is in the areas of jurisprudence, political theory, and constitutional law, while his practice at the English Bar saw him in cases at the High Court and at the Court of Appeal. He is a member of Gray's Inn. He was appointed an honorary Queen's Counsel in 2017. In 2019 he was appointed a Companion of the Order of Australia (AC), Au ...
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India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, interm ...
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Civil Disobedience
Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hence, civil disobedience is sometimes equated with peaceful protests or nonviolent resistance. Henry David Thoreau's essay ''Resistance to Civil Government'', published posthumously as '' Civil Disobedience'', popularized the term in the US, although the concept itself has been practiced longer before. It has inspired leaders such as Susan B. Anthony of the U.S. women's suffrage movement in the late 1800s, Saad Zaghloul in the 1910s culminating in Egyptian Revolution of 1919 against British Occupation, and Mahatma Gandhi in 1920s India in their protests for Indian independence against the British Empire. Martin Luther King Jr.'s and James Bevel's peaceful protests during the civil rights movement in the 1960s United States cont ...
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Jim Crow Laws
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the South had adopted laws, beginning in the late 19th century, banning discrimination in public accommodations and voting. Southern laws were enacted in the late 19th and early 20th centuries by white Southern Democrat-dominated state legislatures to disenfranchise and remove political and economic gains made by African Americans during the Reconstruction era. Jim Crow laws were enforced until 1965. In practice, Jim Crow laws mandated racial segregation in all public facilities in the states of the former Confederate States of America and in some others, beginning in the 1870s. Jim Crow laws were upheld in 1896 in the case of '' Plessy vs. Ferguson'', in which the Supreme Court laid out its "separate but equal" legal doctrine concerning facil ...
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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 peri ...
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Henry David Thoreau
Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural surroundings, and his essay " Civil Disobedience" (originally published as "Resistance to Civil Government"), an argument for disobedience to an unjust state. Thoreau's books, articles, essays, journals, and poetry amount to more than 20 volumes. Among his lasting contributions are his writings on natural history and philosophy, in which he anticipated the methods and findings of ecology and environmental history, two sources of modern-day environmentalism. His literary style interweaves close observation of nature, personal experience, pointed rhetoric, symbolic meanings, and historical lore, while displaying a poetic sensibility, philosophical austerity, and attention to practical detail.Thoreau, Henry David. ''A Week on the Concord and Merrimack Rivers ...
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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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Civil Disobedience (Thoreau)
''Resistance to Civil Government'', also called ''On the Duty of Civil Disobedience'' or ''Civil Disobedience'' for short, is an essay by American transcendentalist Henry David Thoreau that was first published in 1849. In it, Thoreau argues that individuals should not permit governments to overrule or atrophy their consciences, and that they have a duty to avoid allowing such acquiescence to enable the government to make them the agents of injustice. Thoreau was motivated in part by his disgust with slavery and the Mexican–American War (1846–1848). Title In 1848, Thoreau gave lectures at the Concord Lyceum entitled "The Rights and Duties of the Individual in relation to Government". This formed the basis for his essay, which was first published under the title ''Resistance to Civil Government'' in an 1849 anthology by Elizabeth Peabody called ''Æsthetic Papers''. The latter title distinguished Thoreau's program from that of " non-resistants" or Christian anarchists ...
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