This kind of «prior restraint» on the press is alien to the American
legal tradition of First Amendment rights.
Indeed,
the legal tradition of Islam includes explicit rulings against Kharijites, classifying them as unbelievers who should be fought and killed.
Opponents say the plans tread on hallowed British
legal traditions of open justice and make a mockery of coalition claims to defend civil liberties.
She also strives to incorporate
the legal traditions of her Indigenous clients into the work she does on their behalf.
«It's important the faculty learn from the elders themselves about what the indigenous
legal traditions of people in Southwestern Ontario are,» says Waters.
The legal and practical impacts of federal deregulation, however, have had an important counterpoint in the dynamic revitalization process that another area of law has been undergoing in Canada today:
the legal traditions of Indigenous peoples.
The power was considered by many governments and successive generations of Crown law officers to be repugnant to our basic
legal traditions of public accountability.
Perhaps there is some equivalent in Louisiana law, which is cobbled together from
the legal traditions of the French, the Deep South, riverboat gamblers, corrupt cops, bead - and - tit based economies, and people who clean up vomit for a living.
It's incumbent upon Obama's administration to figure out a way to try them and also uphold the democratic and
legal traditions of its «forebears.»
(55) Cohen saw the doctrine of domestic dependent nations as reflecting the twin international
legal traditions of attribution of sovereignty to Indigenous peoples and the guardianship principle.
Not exact matches
In our engagement with China in Canada, respecting Canada's sovereignty and
traditions is no less essential and calls us to uphold principles
of intellectual freedom, civil society, and human rights through enforcement
of our
legal and regulatory standards.
To prove their point, these Islam - is - the - problem critics tend to link specific acts
of jihadi groups to a string
of references from Islamic scripture,
traditions,
legal texts, and Muslim scholarly opinions.
In nearly every nation whose cultural heritage, moral and
legal systems developed from this western, Christian
tradition, he is free to insult people
of faith as much as he wishes.
It turns out that the oldest codes in the Near Eastern
legal tradition, Sumerian laws from the 21st century BCE, also have payment in place
of retaliation.
@RUReal, «In nearly every nation whose cultural heritage, moral and
legal systems developed from this western, Christian
tradition, he is free to insult people
of faith as much as he wishes.»
The concept
of international human rights from which no country is exempt is consonant with the idea that Shari'a, the large body
of legal tradition that informs the Muslim community about how God requires it to live, is in some sense the rule
of God.
Those who created the conditions for Martin's killing - those who, one might say, invited it - were the Florida legislators who voted for a law that undid not only decades
of positive law regarding self - defense but also centuries
of legal tradition.
In his stunning new book Law and Revolution: The Formation
of the Western
Legal Tradition (Harvard University Press, 1983), Harold J. Berman argues that the roots
of modern universalistic principles
of law, morality, science and scholarship derive from essentially theological insights which are now in peril
of being lost by neglect.
The English
tradition of religious toleration, which is the source
of our
legal ideal
of the free exercise
of religion, arose in the wake
of long and bloody religious wars to secure some peace among conflicting sects by keeping individual belief out
of the state's reach.
Speaking in Westminster Hall in 2010, Pope Benedict XVI spoke movingly about Britain's heritage
of constitutional government: «Your common law
tradition serves as the basis
of legal systems in many parts
of the world, and your particular vision
of the respective remains an inspiration to many across the globe».
The other
tradition — rooted in Judeo - Christian practice transmitted through Roman, medieval and common law, then through European philosophy to the American Constitution — stresses what E. J. Corwin has called «the higher law background»
of our
legal tradition.
Most
of the time, the just war
tradition is used to test a particular war (or a strategy or a weapon) for its moral and
legal acceptability.
Multiple appeals by ownership to higher courts have been denied, and there seems to be very little
legal recourse left for the team and its supporters who seek to keep the name for the sake
of NFL
tradition.
At a meeting
of the National Council
of Churches he asked, not for any
legal restriction but a «a voluntary agreement among religious leaders
of all faiths that from now on they would not resort to conversions because the social logic
of conversions is not valid now», that the promise
of liberation from caste structure has not been fulfilled as proved by the fact that it persists in all religious communities; and any attempt to organize Hinduism as a religious community like others
of the prophetic
tradition has been a failure.
Any society in history will need structures which balance enhancement
of freedom and self - determination with checks on it by long - established
legal and moral
traditions of keeping power in the service
of order and mutual responsibility, as well as creation
of new structures
of public morality.
In such a short book, Merkle can not be faulted for failing to include all the sources
of Heschel's life and work, but apart from rabbinic
tradition» the
legal foundation and theological speculation that shaped and shapes Jewish life» he can not be understood.
Such was the
legal position, though in the eye
of orthodox Jews the judgment
of the native court was valid in itself, and Jewish
tradition in the Talmud assumes that the death sentence was passed by the Sanhedrin; understandably, it ignores the role
of the governor altogether.
So I don't doubt that Yale Law School has taken notice
of the Catholic
tradition of legal and social teaching, the
tradition that five sitting justices have explicitly acknowledged as important in their own thinking» even to the point
of reading Pope Benedict XVI, giving a seminar on Catholic social thought, and (imagine!)
But
of this I remain certain: A marriage license in jurisdictions that have redefined marriage gives
legal form to something very different from what the Bible and church
tradition call marriage.
Based on «the heritage
of Catholic moral teaching» and «our Jesuit
tradition,» the statement says, «Our long - term goal remains full
legal recognition
of and protection for the unborn child - from the moment
of conception.»
The first group has clearly worked out principles
of jurisprudence as a guide, with accepted procedures for
legal actions, while the second group uses only testaments and
Tradition as guides for their actions.
The teaching
of Jesus usually restores the intent
of the Jewish
legal tradition.
His book, The Sense
of Injustice, shows how
legal terms for human relationships have been won painfully and slowly out
of long experience, guided by the religious
tradition.
Reinhold Niebuhr recognizes this secular wisdom in the western
legal tradition as he traces the development
of democratic government.
So in her conclusion she highlights some
of the accomplishments
of Byzantine civilization: an imperial government built on a trained civilian administration and tax system; a
legal structure based on Roman law; a curriculum
of secular education that preserved classical learning; theological thought, artistic expression, and spiritual
traditions that are still alive in the Orthodox churches; and coronation and court rituals that were adopted by other rulers.
Developed cultures contribute additional layers
of differentiation, replacing myth and
tradition with unified cosmologies and higher religions, articulating well - codified moral precepts, and positing universalistic principles as modes
of legal and political legitimation.
If ever there was a homogeneous version
of this
tradition in national life; if ever, after
legal disestablishment, a faith was re-established in the popular ethos; if ever there was agreement on biblical authority, on God, Jesus, heaven and hell and the true, the beautiful and the good, then it was in the high years
of what one
of my book titles terms the Protestant Righteous Empire.
«Similarly, the text neglects to mention that the Founders were reacting against several
of the crucial elements
of the moral,
legal, and political
tradition associated with Moses and the Ten Commandments.»
In so doing it left
legal systems, especially the common law
tradition, the task
of formulating a new religion, so to speak.
By establishing the congruence
of religious teachings central to all the major
traditions with the
legal definitions
of basic human rights, Lepard strengthens the argument that the core principles
of international human rights law are indeed «universal.»
Hammond suggests in Chapters 3, 6, and 8 that American civil religion has resided significantly in the educational and particularly the
legal systems in ways that have led to a distinct
tradition of civility, openness, and tolerance.
Isaiah Berlin thus deserves considerable credit for identifying the perversion
of liberty that was at the root
of the totalitarian project, and for defending a concept
of liberty - as - noninterference that, in setting
legal limits to coercive state power, has deep resonances in the American political
tradition.
(Second ed., Strassburg, 1903) And these
traditions, be it observed, were the
traditions of legal interpretation or
of Bible hermeneutics, for the most part, handed down in schools
of Jewish law.
Most Americans probably support the implicit moral position
of mainstream Protestantism and perhaps
of America's religious
traditions in general: permit as few
legal abortions as possible without damaging women's rights and without making it necessary for women to perform abortions on themselves or seek clandestine and possibly dangerous abortions.
A solution had to be found, but it would have to come from sources other than the old English order [that is, the «ancient realm or the Anglican
tradition»] The deep - seated tensions
of early seventeenth - century English society had to be solved by some rather novel rearrangements
of political and
legal institutions.
Jesus wasn't saying marriage in a new age didn't exist, but that angels had freedom
of choice and that women would not be bound by the Jewish
legal traditions concerning marriage arrangements, but they would be free to accept or reject someone for marriage, just like angels were.
Today there are reasons to modify this composite
tradition; to differentiate qualities
of the «intention to die»; to open up options in medical practice,
legal practice and pastoral ministry to understand, allow, perhaps even encourage and help persons who wish to die.
Recovering Self - Evident Truths: Catholic Perspectives on American Law edited by Michael A. Scaperlanda and Teresa Stanton Collett Catholic University Press, 403 pages, $ 35.95 paper An extremely useful collection
of informed examinations
of how natural law theory can constructively engage American
legal and political
traditions.
Pro-lifers protest rightly that the social value
of the individual enshrined in our centuries old
legal tradition is being eroded by various anti-life measures, but unfortunately less importance has been placed on defending the value
of human nature per se by arguments from natural reason.
When you display the commandments in a public place you «must include» a description
of the Ten Commandments as the Kentucky counties described them, as «the moral background
of the Declaration
of Independence and the foundation
of our
legal tradition.»