US law and international human rights law have radically diverged in the past years in terms of the recognition of indigenous people's rights. International human rights law now looks at not whether or not the tribes have formal ownership or legal title in a Western legal conception might have it, but rather they look at the tribe's historical connection to that land.
The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law.
If the rights of civil partners are met differently in law to those of married couples, there is no discrimination in law, and if civil partnerships are seen as somehow 'second class' that is a social attitude which will change and cannot, in any case, be turned around by redefining the law of marriage.
I would apply international law and I think we need to be a force for international law.
Human rights and international criminal law both illustrate the contradictory potential of international law. On one level, the imposition of human rights norms is a restraint on interventionary diplomacy, especially if coupled with respect for the legal norm of self-determination. But on another level, the protection of human rights creates a pretext for intervention as given approval by the UN Security Council in the form of the R2P (responsibility to protect) norm, as used in the 2011 Libyan intervention. The same applies with international criminal accountability.
The whole drift of our law is toward the absolute prohibition of all ideas that diverge in the slightest form from the accepted platitudes, and behind that drift of law there is a far more potent force of growing custom, and under that custom there is a natural philosophy which erects conformity into the noblest of virtues and the free functioning of personality into a capital crime against society.
How can Israel say that everyone is equal before the law - that you're equal before the law - when the law defines Judaism as the cultural, national and legislative basis for the state?
George W. Bush and his administration embarked on a full-scale assault on civil liberties, human rights and the rule of law, walking away from his international obligations, tearing up international treaties, protocols and UN conventions.
According to international law, in order to use force, we need to feel, we need good evidence that we are under imminent threat of actual attack. And I think we need to stand up for international law.
The health care law's individual mandate forces nearly all individuals to buy health insurance or pay a penalty. The mandate cannot be severed from the rest of the law because it is the primary mechanism through which the law's changes are supported. Without the mandate, the law collapses.
I shall support the law, for the law gentlemen, is the firm and solid basis of civil society, the guardian of liberty, the protection of the innocent, the terror of the guilty, and the scourge of the wicked.
When I used to teach civil procedure as a law professor, I would begin the year by telling my students that 'civil procedure is the etiquette of ritualized battle.' The phrase, which did not originate with me, captured the point that peaceful, developed societies resolve disputes by law rather than by force.
When I used to teach civil procedure as a law professor, I would begin the year by telling my students that “civil procedure is the etiquette of ritualized battle.” The phrase, which did not originate with me, captured the point that peaceful, developed societies resolve disputes by law rather than by force.
Liberty, whether natural, civil, or political, is the lawful power in the individual to exercise his corresponding rights. It is greatly favored in law.
If you say that your national law allows you to do something, it is fine as long as you do this inside your own territory. As long as you go international, you really have to be sure that there is an international law which you respect and which you follow.
A crime persevered in a thousand centuries ceases to be a crime, and becomes a virtue. This is the law of custom, and custom supersedes all other forms of law.