jus naturale

• The Grounds of Right and Obligation in Leibniz and Hobbes

Corresponding to right is obligation, which Leibniz calls "moral necessity," entailing restrictions in regard to the right of others.1 Psychological motives, however, such as self-interest or pleasure, are not what make actions morally permissible or obligatory; rather, one's internal capacity to be a moral-rational agent does. [...] public utility consists of the maintenance of the material rights and obligations of all rational beings, but rights and obligations themselves are not grounded in the requirements of public utility.

...In this "right of nature" (jus naturale) obligations to others have no meaning or possibil...

• Review of Metaphysics, The
• Vol. 62 Nbr. 3, March 2009

• Rochin v. California, 342 U.S. 165 (1952)

... . Footnote 5 Morris R. Cohen, "Jus Naturale Redivivum," 25 Philosophical Review 761 (1916), an...

• U.S. Supreme Court

• Natural Law

... law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as ...

• West's Encyclopedia of American Law
• Mc–Pl

• United States of America, Appellee, v. Ramzi Ahmed Yousef, Eyad Ismoil, Also Known as Eyad Ismail, and Abdul Hakim Murad, Also Known as Saeed Ahmed, Defendants-Appellants, Mohammed A. Salameh, Nidal Ayyad, Mahmud Abouhalima, Also Known as Mahmoud Abu Halima, Bilal Alkaisi, Also Known as Bilal Elqisi, Ahmad Mohammad Ajaj, Also Know as Khurram Khan, Abdul Rahman Yasin, Also Know as Aboud, and Wali Khan Amin Shah, Also Known as Grabi Ibrahim Hahsen, Defendants., 327 F.3d 56 (2nd Cir. 2003)

... of natural law and natural reason, jus naturale and naturale ratio. By contrast, Jeremy Bentham fi...

• Federal Circuits

• Four theses: preliminary to an appeal to equity.

... distinguishes between natural right (jus naturale) and natural law (lex naturalis). E.A. Goemer, Tho...

• Stanford Law Review
• Vol. 57 Nbr. 6, May 2005

• Better to be judged by twelve than carried by six: the need for an 'against-self-preservation' interest exception to the hearsay rule.

...The Right of Nature (or jus naturale) is "the Liberty each man hath, to use his own pow...

• American Criminal Law Review
• Vol. 38 Nbr. 2, March 2001

• Contemporary theories of rights.

...." Because he originally identifies jus naturale with mere power in the state of nature, after the ...

• Stanford Law Review
• Vol. 58 Nbr. 6, April 2006

• Common law, civil law, and the administrative state: from Coke to Lochner.

... a distinction between jus civile and jus naturale. The first is specific to individual nations; the ...

• Constitutional Commentary
• Vol. 24 Nbr. 3, September 2007

• The federal marriage amendment and rule by judges.

... first lines of Justinian's Digest: "Jus naturale is that which nature has taught to all animals; fo...

• Harvard Journal of Law & Public Policy
• Vol. 27 Nbr. 2, March 2004

• Gun control and economic discrimination: the melting-point case-in-point.

Melting-point laws do not meet any of the criteria or achieve any of the goals advanced by their supporters but do succeed in making guns too expensive for the poorer segments of society. This is manifestly unfair and wastes effort better directed toward mandatory penalties and removing guns from the hands of those with a record of violence. Constitutional problems with gun-control laws are also examined. Melting-point laws prohibit guns made of a material that melts below 800 or 1000 degrees Fahrenheit.

... nature, which writer-s commonly call Jus Naturale, is the Liberty each man hath, to use his own powe...

• Journal of Criminal Law and Criminology
• Vol. 85 Nbr. 3, January 1995