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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]
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 ...
King cited Martin Buber and Paul Tillich with further examples from the past and present of what makes laws just or unjust: "A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law."
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 ...
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).
According to the theory, a judge who encounters a conflict between a statute and what he perceives as just, has to decide against applying the statute if—and only if—the legal concept behind the statute in question seems either "unbearably unjust" or in "deliberate disregard" of human equality before the law.
For the record: 4:36 p.m. May 1, 2023: A previous version of this article miscalculated the settlement as a percentage of Elon Musk’s estimated net worth.The $10,000 payout represents 0.000006% ...
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 ...