The idea that certain rights, for example, are “unalienable” (as expressed in the Declaration of Independence and in the writings of John Locke) is consistent with this view of the regulation. Individuals might have “God-given” or “natural” rights that authorities cannot legitimately take away. Government solely by consent of the ruled is a pure outgrowth of this view. The positive-law faculty of authorized thought would recognize the lawmaker’s command as reliable; questions about the legislation’s morality or immorality would not be essential.
For example, public schools and prisons can mandate a sure type of gown for the aim of guaranteeing safety. Technically, forcing a person to decorate a selected method might violate the proper to self-expression, which the First Amendment guarantees. However, if sporting a uniform can decrease gang-associated conflicts at school and prevent prisoners from successfully escaping, the government can constitutionally suppress free speech in these areas. Cora stands … Read More