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Journal Articles

Legislation

Notre Dame Law School

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Full-Text Articles in Legal History

Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis Jan 2004

Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis

Journal Articles

The form of enactments must be distinguished from their legal meaning (their "juridical effect"), that is, from the propositions of law which those enactments, properly interpreted, make legally valid. This distinction makes it possible, and rationally necessary, to conclude that, in certain contexts, a certain statute which declares or textually implies that some abortions are legally permitted (but others prohibited) is not apermissive law within the meaning of the principle, assumed in this article to be true, that permissive abortion laws are intrinsically unjust and may never be voted for. A permissive statute, in that sense, is one which has ...


Liberty And The Police Power, Clarence Emmett Manion Jan 1928

Liberty And The Police Power, Clarence Emmett Manion

Journal Articles

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The ...