Understanding that Collective Rights and Human Rights are distinct

The marriage/partnership of individual rights and collective rightsĬ. The classification of collective rights as “third generation rights”ī. The well-defined and all-encompassing nature of the principle of non-discrimination The various strands of meaning of “Collective Rights”Į. The lack of standing of minorities and indigenous groupsĭ.

Why preserve cultural identity after all?ī. Disadvantages of recognizing those rights as collective rightsĪ.

Realization of systems such as ‘Consociationalism’Ħ. Legal Right Vs Moral Right to Collective RightsĮ. Advantages of being recognized through the concept of collective rightsĭ. The existence of Collective Rights in the current International frameworkĥ. ISSUES ON MINORITIES AND INDIGENOUS PEOPLES’ RIGHTSĭo you think that the concept of ‘collective rights’ is a realistic or workable basis for both minorities and indigenous peoples to claim their rights?Ĥ. Freeman, M D A., Lloyd’s Introduction to Jurisprudence, 7th ed. Eg putting life of a person in a vegetative stage on life support systems to an end? Flood gates argumentġ. Should law be directly influenced by the practical realities of life and the policies(teleological approach) of the government or should it be a ‘higher’ form of law by reflecting principles(deontological approach). Teleological & Deontological approach to Law.Hence if law is not based on natural law, that is norms of a moral nature, then are we obliged to follow them? What about the army men under the tyrannical rule of the Nazis Reichstaag? Should they have obeyed the rule knowing it is unjust? (ref Nazi grudge informer cases) The popular Latin adage is “Lex injusta non est lex” ( an unjust law is not a law). Is law based on ideologies such as equality, justice, freedom, fraternity etc? Are these ideologies important for the success of peace and order and respect for the law? Are these ideologies existent to suit the needs of certain people at any point in time? What is Law’s social engineering potential? Does it guide people’s behaviour or do certain groups of persons get together at various points in time and mould the laws depending on other factors such as the economic situation? Karl Marx for example, explains in Das Capita how factory legislation was purposely tampered with to suit the needs of the bourgeois capitalists in order to further their economic aims. If law should not be made dependent on morality, does this legitimize for example, a rule that all blue eyed babies should be murdered? Should this law be followed and respected? What are the origins of law? Should law be based on moral principles? If yes, where do these moral values emanate from? Is there a universal concept of morality/goodness that can form the basis of these laws? Is there a need for homogenization of morality in the world? The variety of cultures existing in this world make it very difficult to maintain a common standard of good and evil, moral and immoral. Similarly without knowing the history and present of evolution of law, one will never be able to claim to understand it and attempt to direct its course properly. “He who cannot draw on three thousand years is living from hand to mouth” said the Goethe, the philosopher. The understanding and application of law, as it will be observed, is not a simple process of learning and regurgitating legal norms and rules. To the learned reader, the word ‘Jurisprudence’ results in an explosion of thoughts… 1981).The study of jurisprudence not only gives a renewed sense of meaning to the term ‘law’, but it also guides the student in understanding the intricacies of life. Failure to accomplish this purpose could render any judgment made against the defendant void. 1981)?) The purpose of service is to notify or inform the defendant of the action filed against him or her. State law requires strict compliance with the rules of service of process specified in Rule 4 of the Alabama Rules of Civil Procedure. The State of Alabama confers on the sheriff the duty of executing and serving process on the defendant of a civil lawsuit. If you receive a notice, you can call the Sheriff’s Office to arrange delivery of the process or you can come to the office and pick up the papers. If we are unable to locate the subject of the process, a “pink” notice is left with contact and pickup information. This is based on the address provided by the court. Sheriff’s Office personnel attempt delivery of legal process to the individuals to be served. Daytime Address : 100 South Lawrence Street Montgomery, Alabama 36104Īfter Hours Address: 115 South Perry Street Montgomery, Alabama 36104

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