71 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 ...
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  • 129k
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 ...
user avatar
  • 4,154
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" ...
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  • 156k
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 ...
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  • 5,296
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 ...
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  • 129k
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 ...
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  • 20.2k
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 ...
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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 ...
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  • 129k
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 ...
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  • 156k
19 votes

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'...
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  • 1,826
18 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 ...
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  • 20.2k
17 votes
Accepted

Can I waive my statutory rights?

The European laws have specific sections regarding digital goods. The following two passages are relevant to you: From Returning unwanted goods: Warning! Please note that you may not use goods that ...
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  • 4,165
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 ...
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  • 147k
14 votes

Who is supposed to teach the law to the citizens?

Who is supposed to teach the law to the citizens? Each individual is responsible for educating himself or herself on the law. That is one condition the individual needs to meet for living in, and ...
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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 ...
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  • 5,426
13 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 ...
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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 ...
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  • 1,138
11 votes
Accepted

Is it legal to be detained by a private rail or bus company for not having a valid ticket?

I'm not a lawyer; I'm not your lawyer. In this case, if you don't have a valid ticket (or refuse to produce one), and don't provide your name and address, the officer of a railway company may detain ...
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  • 11.6k
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 ...
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10 votes

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

The circuits all over the place on this one but I don't see these facts fitting according to the strictest rule. It is within the discretion of the police to decide whether delaying the arrest of ...
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  • 8,272
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 ...
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  • 129k
10 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 ...
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  • 147k
9 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 ...
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  • 147k
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 ...
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  • 156k
7 votes

Can U.S. states establish state religions?

Most U.S. states had state religions at the time of the First Amendment. The First Amendment prevented the Federal Government from creating its own state-religion to trump those of the states. In ...
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  • 1,522
7 votes
Accepted

What is the purpose of a Notice of Understanding and Intent and Claim of Rights?

He has this phrased like it's the ability to decide which laws you follow, and that it's an ability being withheld from the general public (although I seriously doubt that at least the former is the ...
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  • 11.6k
7 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 ...
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  • 16.2k

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