The Creation of a “True Antient and Indubitable” Right: The English Bill of Rights and the Right to Be Armed

1993 ◽  
Vol 32 (3) ◽  
pp. 226-249 ◽  
Author(s):  
Joyce Lee Malcolm

The seventh of the thirteen “ancient and indubitable” rights proclaimed in the English Declaration of Rights was neither ancient nor indubitable. It declared “that the Subjects which are Protestants may have Arms for their Defence suitable to their conditions, and as allowed by Law.” The right of ordinary subjects to possess weapons is perhaps the most extraordinary and least understood of English liberties. It lies at the heart of the relationship between the individual and his fellows and between the individual and his government. Few governments have ever been prepared to make such a guarantee, and, until 1689, no English parliamentary body was either. Its elevation that year to the company of ancient and indubitable rights unmasked the deep-seated distrust between the governing classes and the crown. Together with the equally novel article that gave Parliament greater control over standing armies, this right was meant to place the sword in the hands of Protestant Englishmen and the power over it in the hands of Parliament.The actual novelty of this right had eluded historians for a variety of reasons. First, its framers were taken at their word when they described it as ancient and indubitable. Indeed, Whig historians preferred to believe there had been a conservative revolution. Thomas Macaulay rejoiced that “not a single flower of the crown was touched. Not a single new right was given to the people. The whole English law, substantive and adjective, was, in the judgment of all the greatest lawyers … almost exactly the same after the Revolution as before it.

2004 ◽  
Vol 22 (1) ◽  
pp. 161-167 ◽  
Author(s):  
Saul Cornell

Second Amendment scholarship has become mired in an intellectual quagmire. Contemporary debate over this provision of the Bill of Rights has been cast in terms of a simple dichotomy: either the Second Amendment protects an expansive individual right similar in nature to freedom of the press or it protects a narrow right of the states to maintain a well-regulated militia. Partisans of the individual rights view argue that the Second Amendment was designed to affirm a basic individual right to own firearms for hunting, recreation, and personal protection. The other view of the amendment, often described as the collective rights view, argues that the amendment was about the allocation of military power in the federal system. According to this view, the Second Amendment was a modest concession to moderate Antifederalists who feared the power of the new federal government. By affirming the right of the people to bear arms as part of a well-regulated militia, Federalists assuaged lingering Antifederalist qualms about the future of the state militias.


2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?


2019 ◽  
Vol 9 (4) ◽  
pp. 222-226
Author(s):  
K.C. Kavipriya

Economic Development of a country depends upon the individual development; Creation of more Employment opportunities is the right way to strengthen our Economy. By way of strengthening Small scale units, ultimately more people will get Employment. More over Small scale Industries required less amount of Capital. These are the main reasons to start the scheme MUDRA. The scheme MUDRA was launched in the year 2015 by Government of India. In India most of the people are depending upon small scale businesses as their source of livelihood. Most of the individuals depend on un-organised sectors for loans and other credit facilities which have high rate of interest along with unbearable terms and conditions. Ultimately it will lead these poor people to fall in debts. This paper is an attempt to educate the readers about MUDRA Yojana.


2020 ◽  
Vol 5 (21) ◽  
pp. 267-276
Author(s):  
Najah Inani Abdul Jalil ◽  
‘Ain Husna Mohd Arshad

In 1990, the creation of underground land is created in the National Land Code. The scarcity of land especially in urban areas has pushed the traditional horizontal land development into vertical land development. Apart from transportation purposes, it is suitable for recreational, storage, and service utility purposes. Within this development, it attracts questions such as how to reconcile the right of surface and underground landowners as the law has allowed the ownership of underground land to be independent and separate from the surface owner. In governing the relationship between the surface and the underground landowners, the provision of access, support, and protection are regulated under the express condition in the document of title. This paper explores the concept of the right of support in Malaysia and the requirement for its application. This paper uses the doctrinal method where statutory provisions, cases, legal articles are examined. In discussing this topic, the practice in Singapore and Australia is compared, and it is suggested in regulating the relationship between surface and underground landowners, the creation of easement to be adopted with the compensation to be awarded to the burdened land.


2021 ◽  
Vol 40 (3) ◽  
pp. 155-168
Author(s):  
D. G. Diachenko

The paper is devoted to the Raiky culture in the Middle Dnieper. It reveals major issues of the phenomenon of Raiky culture and their possible solutions considering the achievements of Ukrainian archeologists in this field. The genesis, chronology and features of the development of material culture of the Raiky sites in the 8th—9th centuries of the right-bank of the Dnieper are analyzed. In general the existence of the Raiky culture in the Middle Dnieper region can be described as follows. It was formed in first half of the 8th century in the Tiasmyn basin. The first wheel-made pottery has begun to manufacture quite early, from the mid-8th century (probably at the beginning of the third quarter). At the first stage, the early vessels have imitated the hand-made Raiky forms as well as the Saltovo-Mayaki imported vessels. Significant development of the material culture occurs during the second half of the 8th century. At the same time, the movement of the people of Raiky culture and the population of the sites of Sаkhnivka type has begun in the northern direction which was marked by the appearance of the Kaniv settlement, Monastyrok, and possibly Buchak. This stage is characterized by the syncretism both in the ceramic complex and in the features of design of the heating structures. Numerous influences of the people of Volyntsevo culture (and through them – of Saltovo-Mayaki one) are recorded in the Raiky culture. It is observed not only in direct imports but also in the efforts of the Raiky population to imitate the pottery of Volyntsevo and Saltovo-Mayaki cultures, however, based on their own technological capabilities. The nature of the relationship between the bearers of these cultures is still interesting. The population of Raiky accepts the imported items of Saltovo-Mayaki and Volyntsevo cultures, tries to imitate high-quality pottery of them, and even one can see the peaceful coexistence of two cultures in one settlement — Monastyrok, Buchak, Stovpyagy. However, the reverse pulses are absent. There are no tendencies to assimilate each other. Although, given the number and size of the sites, the numerical advantage of the Volyntsevo population in the region seems obvious. There is currently no answer to this question. The first third of the 9th century became the watershed. The destruction of the Bytytsia hill-fort and the charred ruins to which most of the settlements of the Volyntsevo culture has turned, is explained in the literature by the early penetration of Scandinavians into the region or as result of the resettlement of Magyars to the Northern Pontic region. In any case, this led to a change in the ethnic and cultural situation in the Dnieper basin. According to some researchers, the surviving part of the population of Volyntsevo culture migrated to the Oka and Don interfluve. For some time, but not for long, the settlements of Raiky culture remained abandoned. Apparently, after the stabilization of situation, the residents have returned which is reflected by the reconstruction of the Kaniv settlement and Monastyrok; in addition, on the latter the fortifications have been erected. The final stage of the existence of culture is characterized by contacts with the area of the left bank of Dnieper, the influx of the items of the «Danube circle», as well as the rapid development of the forms of early wheel-made pottery. The general profiling of vessels and design of the rim became more complicated, the rich linear-wavy ornament which covers practically all surface of the item became characteristic. This suggests the use of a quick hand wheel which has improved the symmetry of the vessels, as well as permitted to create the larger specimens. The evolution of the early wheel-made ceramic complex took place only by a variety of forms, however, technological indicators (dough composition, firing, density and thickness of vessel walls) indicate the actual invariability and sustainability of the manufacture tradition. The discontinuance of the functioning of the latest Raiky sites (Monastyrok and Kaniv settlements) can be attributed as the consequences of the first stages of consolidation of the Rus people in the Middle Dnieper dating to the late 9th — the turn of the 9th—10th centuries.


2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital


1963 ◽  
Vol 57 (4) ◽  
pp. 841-854 ◽  
Author(s):  
Carl J. Friedrich

When President Roosevelt proclaimed the “Four Freedoms” in 1941, he accepted a new conception of human rights far removed from the natural rights of the seventeenth and eighteenth centuries. The conception of rights which inspired the British Bill of Rights (1689), the Declaration of Independence (1776) and the Declaration of the Rights of Man and Citizen (1789) is grounded in simple natural law notions. Man was believed to have a fixed and unalterable nature, to be endowed with reason, which gave him certain rights without which he ceased to be a human being. These natural rights, summed up in the Lockean formula of “life, liberty and property” (later broadened to include the pursuit of happiness), were largely concerned with protecting the individual person against governmental power. Each man was seen as entitled to a personal sphere of autonomy, more especially of religious conviction and property; the inner and the outer man in his basic self-realization and self-fulfillment. These rights depended in turn upon the still more crucial right to life-that is to say, to the self itself in terms of physical survival and protection against bodily harm. This right to life was recognized even by absolutists, like Thomas Hobbes. It was believed immutable, inalienable, inviolable. Locke exclaimed at one point that these rights no one had the power to part with, and hence no government could ever acquire the right to violate them.


2021 ◽  
pp. 35-36
Author(s):  
Chetna Thakur ◽  
Bhawani Shankar Modi ◽  
Tejendra Singh

Introduction: Human beings are considered to be bilaterally symmetrical. However, there is no symmetry in the length of the feet irrespective of sex or handedness. The hand length could predict bodyweight and body surface area independent of the sex of the individual. But there was no so much data available in the literature showing the relationship between hand length and foot length. Aim and objective: The present study was conducted to derive the correlation between hand length and foot length and the results demonstrate that there was highly signicant correlation between them. Material and Methods:Across sectional study was carried out on 200 healthy and normal adult professional students of either sex (100 Male and 100 Female), age between 18-25 years. Result:the hand length and foot length were compared between the right and left sides, the data showed that the signicant difference between males and females on both sides was highly signicant for all the parameters measured with p value < 0.01 Conclusion:The results of current study indicate that if the hand length is known, foot length can be predicted and if the foot length is known, hand length can be predicted and vice versa.


2021 ◽  
pp. 2336825X2110529
Author(s):  
Alexander Alekseev

The article explores how the European populist radical right uses references to rights and freedoms in its political discourse. By relying on the findings of the existing research and applying the discourse-historical approach to electoral speeches by Marine Le Pen and Jarosław Kaczyński, the leaders of two very dissimilar EU PRR parties, the Rassemblement National and the Prawo i Sprawiedliwość, the article abductively develops a functional typology of references to rights and freedoms commonly used in discourses of European PRR parties: it suggests that PRR discourses in Europe feature references to the right to sovereignty, citizens’ rights, social rights, and economic rights. Such references are used as a coherent discursive strategy to construct social actors following the PRR ideological core of nativism, authoritarianism, and populism. As the PRR identifies itself with the people, defined along nativist and populist lines, rights are always attributed to it. The PRR represents itself as the defender of the people and its rights, while the elites and the aliens are predicated to threaten the people and its rights. References to rights in PRR discourses intrinsically link the individual with the collective, which allows to construct and promote a populist model of ethnic democracy.


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