Natural and legal rights

Canada Business Corporations Act Section 15 (1), “A corporation has the capacity…the rights, powers and privileges of a natural person. Soloman v. Soloman was a landmark case in the establishment of company law. Through this case, the emergence of a new legal identity, a separate legal personhood for the incorporated company was developed. This case was the first of its kind that saw the corporation as a separate legal identity. 2. Among the problems created through industrialization in the…

Whether or not lawyers and judges play a creative role in shaping the law depends on the legal reasoning we believe in (Part B) and what our conception of the law is (Part C). This essay will take the position that judges do shape the law, however the extent of which is contingent on our belief of what the law is. Consequently, the type of law we believe in, and how Part C impacts our views on the extent of judges and Parliament’s roles in determining the law will be discussed. The underlying…

for his stance and his illegal assistance of suicide with more than 130 terminally ill persons (McLellan). I find that that this quote best emulates the right side of the argument I intend to write about today. The general population is full of debate upon the subject of assisted suicide and is always trying to argue whether it is morally right to help administer physician-assisted suicide to a patient who is going to die within a short time frame. I don’t think it is a question of convention or…

After reading The Natural Contract, I believe it is important to preserve the nature and protect the environment. Man-made disruptions such as land explorations, resource extractions… have caused serious environmental changes as well as climate change. Air pollution and global warming are one of the serious environmental issues countries need to deal with. These are all threatening our nature and life. I like the way Serres uses “Parasite” to describe human beings. “ The parasite would destroy…

1. A right is the sovereignty to act without the permission of others. An individual’s entitlement to something; a person right’s is when that person acts in a certain way toward him or her. A right is morally good, justified or acceptable. Legal rights are rights that are attained from a legal system that allows a person to act ways toward that person. Human rights are rights inherent to all human beings. The basic rights and freedom to which all humans are considered to be entitled,…

Throughout history, there has been many debate over theorist in which set of laws is right to live by. Natural Law is one of the oldest theory of law that deals with human nature and sets of moral principles from god. Natural Law theorist such as, Aristotle, Immanuel Kant, and John Locke obey the laws that promote the greater good for society. The other law is Positivism; Positivism is the opposite of natural law where humans such as, the government and legislatures create the laws. Positivist…

As stated in Chapter 1, this study examines the how human rights compare in Communist and Democratic countries. This chapter is organized by the three sub-questions used to explore and answer the main question. The study first examines Communist and Democratic ideas about human rights; then moves on to explain what human rights in Communist and Democratic countries are protected by natural laws; and finally explores what human rights are protected by positivist laws in Communist and Democratic…

their quest for a concise definition, legal theorists have approached law from different angles, and have tended to divide themselves into two groups – those who believe that any summation of law must include reference to morality, and those who believe that the idea of law either can or must be completely distinguished from any moral considerations. This essay will consider the views of hard and soft legal positivists Joseph Raz and H.L.A. Hart, and natural law theorist Thomas Aquinas, in order…

Locke’s Claim of Private Property Rights This philosophical study will define Jean-Jacque Rousseau’s argument of social collectivism in the state regulation of property rights, which will countermand John Locke’s argument for individual private property rights. Rousseau determines the lawless state of nature as a rationale for civil society and governance, yet he presents the case for civil society and collectivism as the rationale for multitudinous property rights through the state. In…

“Positive rights, negative rights and health care” is the necessity for universal access to healthcare. By providing moral, legal, and foreign perspectives in his reasoning, Bradley gives true depth to his argument, allowing him to prove his position that the right to health care is indispensable. Bradley clearly shows why health care should be considered a right by setting the conditions that in order for something to be considered a right, it must be tied to one’s natural…