Special Rights - Legal Argument

Legal Argument

The basis behind the argument of the term is based on whether it should be considered just and legal for a law to be enacted that treats various parties unequally. For example, in the United States Constitution the prohibition on Bills of Attainder require that laws do not single out a single person or group of persons for specific treatment.

Another example is the equal protection clause in the Fourteenth Amendment to the United States Constitution. Both sides argue that the other side is or has traditionally been singled out and therefore the law is either needed or unnecessary. In some cases, such as those with social implications, the universal definition of rights also often conflict with other, often more regional or local, laws that require certain public standards or behavior based on cultural norms.

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Famous quotes containing the words legal and/or argument:

    In the course of the actual attainment of selfish ends—an attainment conditioned in this way by universality—there is formed a system of complete interdependence, wherein the livelihood, happiness, and legal status of one man is interwoven with the livelihood, happiness, and rights of all. On this system, individual happiness, etc. depend, and only in this connected system are they actualized and secured.
    Georg Wilhelm Friedrich Hegel (1770–1831)

    Because a person is born the subject of a given state, you deny the sovereignty of the people? How about the child of Cuban slaves who is born a slave, is that an argument for slavery? The one is a fact as well as the other. Why then, if you use legal arguments in the one case, you don’t in the other?
    Franz Grillparzer (1791–1872)