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Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Before passage of the Reconstruction Amendments, which included the Equal Protection Clause, American law did not extend constitutional rights to black Americans. [6] Black people were considered inferior to white Americans, and subject to chattel slavery in the slave states until the Emancipation Proclamation and the ratification of the ...
Public drunkenness is quite unacceptable in some societies, and legal control of consumption of alcohol is often justified in terms of public morality, just as much as for medical reasons or to limit alcohol-related crime. Drug legislation, historically speaking, has sometimes followed on similar reasoning.
The U.S. Senate blocked the Equal Rights Amendment from being ratified into law in 2023, a century after it was introduced, with a 51-47 vote in favor, nine votes shy of the 60 needed to clear the ...
[2] [3] The principle of equality before the law is incompatible with and does not exist within systems incorporating legal slavery, servitude, colonialism, or monarchy. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
The law of equal liberty is the fundamental precept of liberalism and socialism. [1] Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. [2]
Equal Justice Under Law (civil rights organization) Human rights, when such rights are held in common by all people; Civil rights, when such rights are held in common by all citizens of a nation; Rights guaranteed under gender equality, proposed variously: by the women's rights movement growing out of women's suffrage
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."