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The test was developed in the Handyside v.United Kingdom, Silver v. United Kingdom, and Lingens v. Austria cases, related to freedom of expression. It has also been invoked in cases involving state surveillance, which the court acknowledges can constitute an Article 8 violation but may be "strictly necessary for safeguarding the democratic institutions" (Klass and Others v.
Aquinas defines a law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated." [3] Law is an ordinance of reason because it must be reasonable [4] or based in reason and not merely in the will of the legislator.
A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Decree (Catholic canon law) - an order or law made by a superior authority for the direction of others. Dispensation (Catholic canon law) - the exemption from the immediate obligation of law in certain cases. Its object ...
Social institution – Any persistent structure or mechanism of social order governing the behaviour of a set of individuals within a given community. The term "institution" is commonly applied to customs and behavior patterns important to a society, as well as to particular formal organizations of government and public services.
Because laws represent the restraint of "natural liberty", [19] they represent the leap made from humans in the state of nature into civil society. In this sense, the law is a civilizing force. Therefore Rousseau believed that the laws that govern a people help to mould their character.
For Rousseau, collective self-rule would increase freedom if the people to whom laws applied were also the ones prescribing them. [ 2 ] : 79 Rousseau, who objected to extreme wealth inequality, also argued that equality is essential for the attainment of liberty, and concluded that legislation ought to preserve equality.
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The natural laws are the expression of the will of God. Men did not come together via a somewhat arbitrary " social contract ." [ 2 ] [ better source needed ] Rather, they had to discover the laws of the natural order that would allow individuals to live in society without losing significant freedoms. [ 3 ]