What Is A Legal Right?

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During the First World War, a young Yale law professor tried to unearth what judges meant when they were talking about legal rights. His conclusion was that legal rights were the benefits bequeathed upon one legal person against another by legal rules. The first party has the legal advantage, which is known as a right, while the other stands at a corresponding legal disadvantage. Two parties are always thus involved.

What Is A Legal Right?

Not everyone agrees with this opinion. The perspective can also get complicated. However, most law judges eventually refer to this opinion when dissecting legal rights. It’s worth noting that only a legal person has the capability of having a legal right. This is why legal personhood is our main focus.

The professor came up with 4 correlating pairs of benefits and disadvantages, which include legal rights of four kinds.

Liberties

A liberty allows one to do whatever they please, though they’ve no right to get respect for their liberty. This is a permission devoid of protection which correlates with the ‘no-right.’ This means that one doesn’t have a claim on what another person can or cannot do. The relationship between a ‘no-right’ and a liberty is illustrated by the analogy that though one is at liberty to look over their neighbor’s fence, they (the neighbor) isn’t obliged to stand there to be looked.

Claims

A claim stresses the need for respect, thus placing a correlating ‘duty’ upon a person to act, or not to act, in some manner towards the plaintiff. If two people sign a contract in which one party agrees to sell their house for an agreed sum and the other agrees to pay, then they have a claim for the house. The first party is obligated to give the other custody of the said property.

A ‘power’ affects the rights of the person who’s likely to be affected. The power to sue is arguably the most significant power which exists.

Immunities

Lastly, an ‘immunity’ legally discharges one person from being interfered with by a different party. Claims inform people what they aren’t allowed to do while immunities define what people are forbidden from doing by the law. One person can’t enslave another because this is prohibited. Immunities such as freedom from torture and enslavement are the most fundamental human rights. And it’s such legal rights that we argue that they also apply to some nonhuman animals.

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The Fourth Amendment And What It Means To You

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The Fourth Amendment of the US Constitution is one of 27 amendments, but due to being within the beginning section, is known as an amendment which is part of the Bill of Rights, which was argued by some in the founding of the US to be a vital part of the Constitution in order to protect and inform citizens as to the rights they have in everyday behaviors and situations.

So what is the Fourth Amendment? The Fourth Amendment states that all citizens are to be protected from unlawful search and seizure and that these must be done under the context of a judge’s approval and warrant that is based upon probable cause that a crime is being committed.

What does this mean for you? It means that police cannot enter your home or vehicle without your permission unless they have a warrant from a judge and that their desire to enter these places is built on probable cause that you have done something against the law. This is a very important piece of legislation to keep in mind whenever dealing with the police. If police wish to enter your home, you have the right by the Constitution of the United States to deny them permission to do so. If they wish to enter regardless, a judge has to allow them to do so after reviewing their case and their reasoning for wanting to search your home.

Your privacy is yours and your property is yours, and you should never let the police tread onto your privacy or property for no reason. That is what the Fourth Amendment is for, to protect you from wrongdoing on the part of the government. Keep informed on what rights you have as a citizen, including all amendments that are part of the Bill of Rights, including the Fourth.

Amendments are the backbone of what makes our government evolve and grow better for Americans. It is what keeps them safe from abuse and gives them a right to stand up for themselves with protection from the law.

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The Fifth Amendment Explained

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The fifth amendment to the US Constitution is designed to protect people against self-incrimination when they’re arrested on suspicion of a crime. It helps to ensure the treatment of the accused as innocent until proven guilty. A specific clause in the amendment prevents double jeopardy, which is a situation of an accused person brought to trial twice for the same crime. The same amendment also ensures the right to due process of law, a speedy trial and the right to fair compensation paid to crime victims.

According to the fifth amendment, no one accused of a crime can be forced to testify against him- or herself in a court of law. This extends to the requirement that the accused can’t make statements that count as self-incrimination. This amendment is the origin of the right to remain silent when arrested, and it’s tied closely to the Miranda rights that need to be read to anyone upon arrest.

The idea of the right to remain silent comes from the 17th century English politician John Lilburne, who refused to sign a pledge to answer every question asked of him upon arrest for distributing Puritan literature. Even after public corporal punishment, he continued to campaign for the rights of the accused and for protective measures against their being imprisoned for crimes they didn’t commit.

Further development of the fifth amendment is credited to James Madison, the fourth president of the United States and one of the framers of the Constitution. He wrote that no one should ever be forced to be a witness against him- or herself in any type of criminal case. Several of the first US states didn’t include these protections in their individual constitutions, and Madison felt it was vital the rights of the accused be preserved on a federal level.

Since its inception, the fifth amendment has been changed and updated several times over the centuries. These amendments have included exceptions when public safety is immediately at risk and when a non-custodial parent is accused of kidnapping his or her child away from the custodial parent.

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