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Jurisprudence - Essay Example

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JURISPRUDENCE Module title: Module ID: Submission date: Q 4 (Answer): Freedom of thought and action appears to be one of the most preferred yearnings of all the creatures at large. Consequently, all existing species long for freedom, by demonstrating tremendous resistance to the incarceration; it is equally applied to the humans, which do not allow any type of confinement and captivity that could create an impediment on the way to exercising their free will…
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Download file to see previous pages Keeping in view the most fundamental of the human desires, statutes of prevailing law offer unflinching liberty to the individuals provided the freedom does not challenge the rights of others in such a manner that could place afflictions and tribulations to others. It is therefore national and international laws introduced by the states as well as the UN Charter of human rights vehemently look for the allowing freedom to the people without discrimination. Article 2 of UN Charter, passed by the General Assembly ascertains the freedom of individuals in these words: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”2 In addition, the Charter applies bar on the authorities in respect of treating any group or community with prejudice, and also bans all types of pains and tortures, degradation and slavery altogether.3 In addition, Article 5 (1&2) of the European Convention on Human Rights (ECHR) guarantees individual liberty by stating it to be the fundamental right of every human, where no one shall be deprived of his liberty save in the cases and in accordance with a procedure prescribed by law. Thus, only the criminals, offenders and violators of human rights could be deprived of their right of liberty.4 The statutes of existing laws do not confine human liberty to one specific area or zone only. Rather, they offer complete freedom to humans in respect of speech, action, religious faith and cultural values, employment and recreation, and marriage and sexual orientation as well. British Law of Contract declares a contract to be void provided it restraining a person on his liberty of marriage, parenting and starting or running the business of one’s choice5 provided they do not create any other illegality and irregularity in them. Similarly, the statute of law does not allow an organisation to exhibit prejudice on the basis of ethno-racial and religious background of the individuals as well as while keeping their gender or sexual orientation in view. It is therefore International Labour Organisation (1960) has made it clear that any distinction, exclusion or preference made on any biased basis, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.6 Nevertheless, law also enforces restrains on the freedom of individuals in the best interest of society. It is partly due to the very fact that law forbids the individuals to entering into the property of other without seeking his prior permission. Similarly, law restricts the people to get involved into the activities that could put the freedom and benefits of others into jeopardy. There was a time when the principle of might is right used to prevail in all cultures, where a powerful clan or tribe could invade over any weak neighbour by dint of its power, and could turn its population as their slaves; the Trojan Wars of ancient times also depicted the same.7 It is therefore renowned Gaullish chieftain, warrior and the conqueror of ancient Rome, Brennus had raised the slogan ...Download file to see next pagesRead More
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