A) Section 7: 2) Liberty
I'd is something never established for the future, but something which each age must provide for itself.' - Robert H. Jackson, the Supreme Court of the U.S., speaking about liberty, in American System of Government, p.76 (1955).
'The first thing to learn in intercourse with others is non-interference with their own particular ways of being happy, provided those ways do not assume to interfere by violence with ours.' - William James
'Truth resides in every human heart and one has to search for it there and to be guided by the truth as one sees it. But no one has the right to coerce others to act according to his own view of truth.' - Gandhi
By the term 'liberty', as used in the provision [14th Amendment], something more is meant than mere freedom from physical restraint or the bonds of prison. It means freedom to go where one may choose, and to act in such manner, not inconsistent with the equal rights of others, as his judgment may dictate for the promotion of his happiness; that is, to pursue such callings and advocations as may be most suitable to develop his capacities, and give to them their highest enjoyment. - Field, Stephen J., Munn v. People of Illonois, 94, U.S. 113, 142 (1877)
Liberty, on it's positive side denotes the fulness of individual existence on it's negative side it denotes necessary restraint on all, which is needed to promote the greatest possible omount of liberty for each. - Amos, Science of Law p. 90 Bouvier's Law Dictionary (1914) Rawle's 3rd revision, 1984
The question then becomes, what form does necessary restraint take, and how does one discern it from unnecessary restraint. Some clues can be found within a Canadian Supreme Court decision; Big M Drug Mart Ltd. v. The Queen et al, [1985] 1 S.C.R. 295 at page 84 of [1985] S.C.J. No. 17. Justice Dickson writes;
'Freedom can primarily be characterized by the absence of coercion or restraint. If a person is compelled by the state or the will of another too a course of action or inaction which he would not otherwise have chosen, he is not acting of his own volition and he cannot be said to be truly free. One of the major purposes of the Charter is to protect, within reason, from compulsion or restraint.'
Coercion includes not only such blatant forms of compulsion as directed commands to act or refrain from acting on pain of sanction, coercion includes indirect forms of control which determine or limit alternate courses of conduct available to others. Freedom in a broad sense embraces both the absence of coercion and constraint, and the right to manifest beliefs and practices.'
'Freedom means that, subject to such limitations as are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others, no one is to be forced to act ion a way contrary to his beliefs or his conscience.'
I'd is something never established for the future, but something which each age must provide for itself.' - Robert H. Jackson, the Supreme Court of the U.S., speaking about liberty, in American System of Government, p.76 (1955).
'The first thing to learn in intercourse with others is non-interference with their own particular ways of being happy, provided those ways do not assume to interfere by violence with ours.' - William James
'Truth resides in every human heart and one has to search for it there and to be guided by the truth as one sees it. But no one has the right to coerce others to act according to his own view of truth.' - Gandhi
By the term 'liberty', as used in the provision [14th Amendment], something more is meant than mere freedom from physical restraint or the bonds of prison. It means freedom to go where one may choose, and to act in such manner, not inconsistent with the equal rights of others, as his judgment may dictate for the promotion of his happiness; that is, to pursue such callings and advocations as may be most suitable to develop his capacities, and give to them their highest enjoyment. - Field, Stephen J., Munn v. People of Illonois, 94, U.S. 113, 142 (1877)
Liberty, on it's positive side denotes the fulness of individual existence on it's negative side it denotes necessary restraint on all, which is needed to promote the greatest possible omount of liberty for each. - Amos, Science of Law p. 90 Bouvier's Law Dictionary (1914) Rawle's 3rd revision, 1984
The question then becomes, what form does necessary restraint take, and how does one discern it from unnecessary restraint. Some clues can be found within a Canadian Supreme Court decision; Big M Drug Mart Ltd. v. The Queen et al, [1985] 1 S.C.R. 295 at page 84 of [1985] S.C.J. No. 17. Justice Dickson writes;
'Freedom can primarily be characterized by the absence of coercion or restraint. If a person is compelled by the state or the will of another too a course of action or inaction which he would not otherwise have chosen, he is not acting of his own volition and he cannot be said to be truly free. One of the major purposes of the Charter is to protect, within reason, from compulsion or restraint.'
Coercion includes not only such blatant forms of compulsion as directed commands to act or refrain from acting on pain of sanction, coercion includes indirect forms of control which determine or limit alternate courses of conduct available to others. Freedom in a broad sense embraces both the absence of coercion and constraint, and the right to manifest beliefs and practices.'
'Freedom means that, subject to such limitations as are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others, no one is to be forced to act ion a way contrary to his beliefs or his conscience.'
posted by FreedomTour06 at 6:34 PM
0 Comments:
Post a Comment
<< Home