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The absence of good (Latin: privatio boni), also known as the privation theory of evil, [1] is a theological and philosophical doctrine that evil, unlike good, is insubstantial, so that thinking of it as an entity is misleading. Instead, evil is rather the absence, or lack ("privation"), of good. [2][3][4] This also means that everything that ...
Carolene Products Company, 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional ...
The Home Office refused the claimants state support under Section 55 of the Nationality, Immigration, and Asylum Act 2002, [2] under the basis that the asylum seekers did not make their claim as soon as reasonably practical. [3] Article 3 of the ECHR prohibits torture, inhuman or degrading treatment and/or punishment of individuals. [4]
t. e. Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful.
Imprisonment for mere expression of political beliefs is rare in the United States, because free speech and free expression are well-established in law. [2] This was not always the case. For example, the Smith Act trials of Communist Party leaders incarcerated dozens of Communist Party USA leaders for advocating the overthrow of the United ...
James Leslie Brierly was born on 9 September 1881 in Huddersfield to Emily Sykes and Sydney Herbert Brierly. [1] Brierly was a professor of law at the University of Manchester from 1920, Chichele Professor of International Law and Diplomacy at the University of Oxford from 1922 to 1947, [2][3] and the first Montague Burton Professor of ...
Court and jury decisions concerning mixed questions of law and fact are usually subjected to de novo review, unless factual issues predominate, in which event the decision will be subject to clearly erroneous review. When made by administrative agencies, decisions concerning mixed questions of law and fact are subjected to arbitrary and ...