72
votes
Accepted
Who is supposed to teach the law to the citizens?
The answer from @user6726 is a good one. But, I'd like to add to it by pointing out that the body of law applicable to an individual is usually much, much smaller than the entire body of law. I'm a ...
- 196k
59
votes
Accepted
Is the EU Settlement Scheme legal?
Isn’t this discrimination since nationals do not have to apply?
Yes it is discrimination. But that does not make it illegal. In fact discrimination is in general legal unless it is based on some ...
- 5,759
29
votes
Who is supposed to teach the law to the citizens?
This is a difficult question in the philosophy of law, which in some views of what "law" is, is outside the scope of law (that's the view that "the law is whatever is enacted by the government" ...
- 211k
29
votes
Is it legal to purposefully contract COVID-19?
Governments have a significant interest in controlling pathogens and preventing outbreaks: they are dangerous to dense & unimmunized populations.
Can a government legally prevent me from ...
- 6,955
29
votes
Can prisoners of war be exchanged against their will?
This question is investigated here. If we take the refugee question off the table for a moment, we need only consider the
Third Geneva Convention Relative to the Treatment of Prisoners of War which is ...
- 211k
27
votes
Accepted
What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?
The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in ...
- 196k
27
votes
What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?
While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like ...
- 23.6k
22
votes
Is it legal to purposefully contract COVID-19?
Yes, the government gets to regulate how people work with pathogens. Not least, Coronavirus must be handled in a Biosafety Level 3 facility.
It's a good way to collect a manslaughter charge, and a ...
20
votes
How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?
how (academically) acceptable are such discussions and proposals?
Some academic somewhere has probably discussed it, and did not breach strong academic norms by doing so.
Is it the academically ...
- 196k
19
votes
Can U.S. states establish state religions?
No. The Fourteenth Amendment says:
nor shall any state deprive any person of life, liberty, or property, without due process of law;
The Supreme Court has determined that this clause incorporates ...
- 23.6k
19
votes
Accepted
Where are non-binary and intersex prisoners kept?
In the US, the question of gender and facility-assignment depends on whose prison it is – federal, vs. a specific state. There may be a specific policy adopted by a particular prison system, but there ...
- 211k
19
votes
Accepted
Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?
There isn't an automatic exclusion rule for all forms of improperly acquired evidence in the UK. I can't find the exact quote but there was a judgement from a senior court that said in terms: "it'...
- 2,336
15
votes
Is the EU Settlement Scheme legal?
I need to apply for settled status. Isn’t this discrimination since nationals do not have to apply?
Yes it is.
Isn’t the UK Government breaking the law?
No, discrimination is only illegal when ...
- 198k
14
votes
Failing to mention when questioned something you later rely on in court
I'm no expert, but I had assumed this clause was present in case of the following situation.
Joe is arrested for a robbery of a London bank. Joe says nothing under questioning. At trial, Joe's ...
- 29k
14
votes
Were Nazi atrocities legal according the German law of the time?
It can (and has) been argued that some of the post-bellum trials of Germans and Japanese (but no Italians because they were Allies now) proceeded on shaky legal grounds. However, the arguments of your ...
- 198k
14
votes
Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
William Calley
Convicted of 22 counts of premeditated murder during the My Lai massacre, during his defence he testified:
Well, I was ordered to go in there and destroy the enemy. That was my job on ...
- 198k
14
votes
Accepted
If you know someone is committing infant abuse, do you also commit a crime if you choose not to report it?
united-states
There are many different sets of laws in the United States. This post is not a comprehensive survey of every U.S. state and district and territory's laws on the subject. I also do not ...
- 196k
13
votes
Can U.S. states establish state religions?
Everson v. Board of Education applied the establishment clause of the 1st amendment to state law.
Applying the Bill of Rights to state law is known as incorporation as in, incorporating the Bill of ...
- 5,565
12
votes
Accepted
What kind of information is a police officer in Germany allowed to ask, in random situations on the street, e.g., during a traffic check?
The German Bar Association published an article about your rights in traffic controls (Polizeikontrolle: Das sind Ihre Rechte, July 2018) and an article about your rights in identity checks (Was ...
- 1,136
11
votes
Is it legal to purposefully contract COVID-19?
Anything related to legality for something like this, depends on where you live.
Self-harm or attempted suicide can be illegal in some countries such as Japan. It is a criminal offense in others: see ...
- 628
11
votes
Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?
The “fruit of the poisonous tree” doctrine is uniquely US
In all other common law jurisdictions, including the UK, police who behave inappropriately are subject to employment, administrative and ...
- 198k
11
votes
International standards on prisoners' right to vote
The International Convention on Civil and Political Rights (ICCPR),1 Article 25, says:
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 ...
- 44k
10
votes
Accepted
Blasphemy in the Context of Freedom of Speech
In the United States, blasphemy is really not a crime even if it severely offends certain people and tends to cause them to want to riot and kill the person who offends them. Most Americans who are ...
- 196k
8
votes
Is there a legal right to party?
The "Right to Party" as defined by the organization known as "The Beastie Boys" is not defined in any portion of their discourse on the matter of the "Right to Party". Rather, the entire discourse ...
- 22.8k
8
votes
Accepted
Could one become stateless by first renouncing one's native citizenship, and then having one's naturalization revoked?
There are two approaches to determining citizenship: where you are born (jus soli – this holds in the US), and who you were born to (jus sanguinis – the case in India). There are mixes of these ...
- 211k
Only top scored, non community-wiki answers of a minimum length are eligible