Sentences with phrase «legal tradition of»

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
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