Search results
Results from the WOW.Com Content Network
In the second proviso of sec. 1, of the Act of 1740, it is declared that "every negro, Indian, mulatto and mestizo is a slave unless the contrary can be made to appear"—yet, in the same it is immediately thereafter provided—"the Indians in amity with this government, excepted, in which case the burden of proof shall lie on the defendant ...
When a person works, that labor enters into the object. Thus, the object becomes the property of that person; however, Locke held that one may only appropriate property in this fashion if the Lockean proviso held true, that is, "... there is enough, and as good, left in common for others". [2]
The phrase Lockean proviso was coined by American libertarian political philosopher Robert Nozick in Anarchy, State, and Utopia. [2] It is based on the ideas elaborated by Locke in his Second Treatise of Government, namely that self-ownership allows a person the freedom to mix his or her labor with natural resources, converting common property into private property.
The second section of the Act provides for various instances where the active provisions may be applied differently, or not at all. Section 2(3) establishes that parties may contract out of the Act, and that if under a true construction of the contract, this is the case, then the section may only apply if it is consistent with such a construction.
The Wilmot Proviso was an unsuccessful 1846 proposal in the United States Congress to ban slavery in territory acquired from Mexico in the Mexican–American War. [1] The conflict over the Wilmot Proviso was one of the major events leading to the American Civil War .
Proviso Township High Schools District 209 that comprises Proviso East High School; Proviso West High School; Proviso Mathematics and Science Academy; Wilmot Proviso, an American law to ban slavery in annexed territory from Mexico proposed by David Wilmot in the 1840s; Lockean proviso, a feature of John Locke's labour theory of property
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law in the areas of contracts and commercial transactions. [2]