Search results
Results from the WOW.Com Content Network
Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order. The phrase "ordered liberty" originates from an opinion by Justice Benjamin Cardozo in Palko v.
The courts have viewed the Due Process Clause and sometimes other clauses of the Constitution as embracing the fundamental rights that are "implicit in the concept of ordered liberty". [6] The rights have not been clearly identified and the Supreme Court's authority to enforce the unenumerated rights is unclear. [7]
The modern day concept of political liberty has its origins in the Greek concepts of freedom and slavery. [9] To be free, to the Greeks, was not to have a master, to be independent from a master (to live as one likes). [10] [11] That was the original Greek concept of freedom. It is closely linked with the concept of democracy, as Aristotle put it:
A. Hart argued that if there are any rights at all, there must be the right to liberty, for all the others would depend upon this. T. H. Green argued that "if there are such things as rights at all, then, there must be a right to life and liberty, or, to put it more properly to free life." [14] John Locke emphasized "life, liberty and property ...
Courts have viewed the due process clause, and sometimes other clauses of the Constitution, as embracing those fundamental rights that are "implicit in the concept of ordered liberty". [34] Just what those rights are is not always clear, nor is the Supreme Court's authority to enforce such unenumerated rights clear. [35]
"The test usually articulated for determining fundamentality under the Due Process Clause is that the putative right must be 'implicit in the concept of ordered liberty', or 'deeply rooted in this Nation's history and tradition.'" Compare page 267 Lutz v. City of York, Pa., 899 F. 2d 255 - United States Court of Appeals, 3rd Circuit, 1990.
Due to the inherent complexity and unpredictability of human civilization, human reason must operate within the framework of societal evolution. [4] The decline in esteem for individual responsibility and individual liberty is the result of wrong interpretation of the lessons of science. Responsibility has become a legal concept.
Berlin argued, rather, that these differing concepts showed the plurality and incompatibility of human values, and the need to analytically distinguish and trade off between, rather than conflate, them. [13] Thus, Berlin offers in his "Two Concepts of Liberty" essay: Where it is to be drawn is a matter of argument, indeed of haggling.