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An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support 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. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
Against the clergymen's assertion that demonstrations could be illegal, King argued that civil disobedience was not only justified in the face of unjust laws but also was necessary and even patriotic: "The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws.
For example: Martin Luther King Jr., in his Letter from Birmingham Jail cited Thomas Aquinas in his ways to know that a law is unjust: [15] [16] "A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An ...
This is a list of "laws" applied to various disciplines. These are often adages or predictions with the appellation 'Law', although they do not apply in the legal sense, cannot be scientifically tested, or are intended only as rough descriptions (rather than applying in each case).
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there ...
See also: English unjust enrichment law. In systems of law derived from the English common law, the historical core of the law of unjust enrichment lies in quasi-contract. These were common law (as distinct from equitable) claims giving rise to a personal liability to pay the money value of a benefit received from another.
An example of the dual nature of the right of revolution as both a natural law and as positive law is found in the American revolutionary context. Although the American Declaration of Independence invoked the natural law right of revolution, natural law was not the sole justification for American independence.