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Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
Natural law is the law of natural rights. Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman ...
v. t. e. In moral and political philosophy, the social contract is an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. [1] Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a ...
Rights of nature or Earth rights is a legal and jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. The rights of nature concept challenges twentieth-century laws as generally grounded in a flawed frame of nature as "resource" to be owned, used, and ...
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. [citation needed] Legal realists believe that legal science should only investigate law with the value-free ...
Jurisprudence is the philosophy and theory of law. It is concerned primarily with both what law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also ...
The public trust doctrine also finds expression in the Great Pond law, a traditional right codified in case law and statutes in Massachusetts, Maine, and New Hampshire. [13] The state is said to own the land below the low water mark under great ponds (ponds over ten acres), and the public retains in effect an access easement over unimproved ...
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. [2][3] It is sometimes stated simply as "no one is above the law". [4] The term rule of law is closely related to constitutionalism as well as Rechtsstaat.