Jump to ContentJump to Main Navigation

You are looking at 1-20 of 27 items

  • Keywords: personal liberty x
Clear All Modify Search

View:

The Legal Ordering of ‘the State of the Realm’

ALAN HARDING

in Medieval Law and the Foundations of the State

Published in print:
2002
Published Online:
January 2010
ISBN:
9780198219583
eISBN:
9780191717574
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198219583.003.0007
Subject:
History, British and Irish Medieval History

This chapter shows how a ‘community of the realm’ was structured by ‘estates of people’. Personal liberty and rights depended on the extent of the law's protection of the tenure of landlords, the ... More


Wealth

Michael Foley

in American Credo: The Place of Ideas in US Politics

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199232673
eISBN:
9780191716362
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232673.003.0004
Subject:
Political Science, American Politics

This chapter discusses wealth and property rights in American society. It argues that material wealth has not only been integrally linked to the founding ideals and narrative themes of the country, ... More


Liberty and Security of Person: The Rules on Imprisonment

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
February 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0017
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter discusses deprivations of liberty and the rules on imprisonment. The character of the human rights involved in this context differs markedly from those in relation to the guarantee of a ... More


Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Bellary Uma Devi

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.001.0001
Subject:
Law, Human Rights and Immigration

The right to life and personal liberty is the most cherished one of all the human rights. The enjoyment of all other rights depends upon this basic right. This book is a significant contribution to ... More


A Paradigm Shift in the Connotation of Article 21

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0012
Subject:
Law, Human Rights and Immigration

This chapter discusses Article 21 of the Indian Constitution which specifically guarantees ‘life’ and ‘personal liberty’ against the power of the State. Article 21 notes that no person shall be ... More


Narcoanalysis 1

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0005
Subject:
Law, Human Rights and Immigration

After almost a decade of upholding the use of narcoanalysis by criminal investigation agencies, the Indian judiciary has finally recognised and condemned its abusive nature. In Smt. Selvi & Ors v. ... More


The Exercise of Discretionary Powers, II

D. J. Galligan

in Discretionary Powers: A Legal Study of Official Discretion

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198256526
eISBN:
9780191681653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256526.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

In the light of the various influences, practical and normative, discussed in the preceding chapter, this chapter first considers whether any guidance can be suggested in the design of decision ... More


Restraining Orders, Liberty, and Due Process

James W Nickel

in Prevention and the Limits of the Criminal Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656769
eISBN:
9780191748073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656769.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter examines the features of restraining orders (ROs). The first section analyses ROs as part of preventive law. Quarantine orders and domestic restraining orders are discussed as examples ... More


The Law of Habeas Corpus

Judith Farbey, Robert Sharpe, and Simon Atrill

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.001.0001
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him ... More


Revival of the Fugitive Slave Issue, 1858–61

David G. Smith

in On the Edge of Freedom: The Fugitive Slave Issue in South Central Pennsylvania, 1820–1870

Published in print:
2012
Published Online:
May 2013
ISBN:
9780823240326
eISBN:
9780823240364
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823240326.003.0008
Subject:
History, American History: 19th Century

This chapter shows the rise of a race-based opposition to antislavery in Pennsylvania and elsewhere. The catalyzing factor appears to have been John Fremont's candidacy for President as a Republican ... More


Epilogue

James W. Ely

in The Guardian of Every Other Right: A Constitutional History of Property Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195323337
eISBN:
9780199851508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323337.003.0010
Subject:
Law, Legal History

This chapter sums up the key findings of this study on the constitutional history of property rights in America. It explains that the U.S. Constitution and Bill of Rights affirmed the central place ... More


Rights in Criminal Proceedings under the ECHR and the ICTY Statute—A Precarious Comparison

Stefan Trechsel

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter takes as a starting point the fact that the rights of the accused are formulated in almost identical terms in the International Bill of Human Rights and in the Statutes of International ... More


. Conscientious Objectors and Military Conscription

George Anastaplo

in Reflections on Life, Death, and the Constitution

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125336
eISBN:
9780813135243
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125336.003.0011
Subject:
Political Science, American Politics

This chapter deals with the government power to conscript. It provides that the Government of the United States can conscript citizens to serve in the military forces of the country. It notes ... More


Gopalan, Preventive Detention, and Habeas Corpus

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0013
Subject:
Law, Constitutional and Administrative Law

One of the earliest cases of great importance heard by India's Supreme Court after the Constitution came into force was the case of A. K. Gopalan, a case raising a question affecting personal ... More


Organizing into Blocs: The Fight for or against Personal Liberty (1866–1887)

Sabine N. Meyer

in We Are What We Drink: The Temperance Battle in Minnesota

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039355
eISBN:
9780252097409
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039355.003.0003
Subject:
Sociology, Social Movements and Social Change

This chapter examines the politicization of Minnesota's temperance movement between the end of the Civil War and the passage of a High License Law in 1887. It shows how Minnesota's temperance ... More


The Fugitive Slave Issue on Trial

David G. Smith

in On the Edge of Freedom: The Fugitive Slave Issue in South Central Pennsylvania, 1820–1870

Published in print:
2012
Published Online:
May 2013
ISBN:
9780823240326
eISBN:
9780823240364
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823240326.003.0005
Subject:
History, American History: 19th Century

This chapter examines the attempt of antislavery activists to contest the fugitive slave issue legally in Pennsylvania's courts. If Pennsylvania judges could be induced to rule for fugitive slaves ... More


Constitutionality of Detention Per Se: Effect of Reading Articles 19, 21, and 22 together on ‘Criminal Justice System’

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0016
Subject:
Law, Human Rights and Immigration

This chapter argues that the ‘composite code’ approach to the Indian Constitution would obligate reading together Articles 19, 21, and 22. It is clear that detention could be constitutionally valid ... More


Constitutionality of Preventive Detention

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0030
Subject:
Law, Human Rights and Immigration

This chapter argues that preventive detention, that is, arrest and detention on suspicion and continued detention without trial is indeed the most draconian power a State could have in relation to ... More


Freedom, the State, and the Individual 1

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0003
Subject:
Law, Legal History

This chapter examines the concept freedom, the state, and the individual in English law during the Tudor period. During this time, villeinage had already disappeared and English men had begun to ... More


Radical Constitutional Amendments

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0012
Subject:
Law, Constitutional and Administrative Law

Amending the Constitution in pursuit of the social revolution was the domestic political motif of 1971. Furious debate surrounded essential constitutional issues of personal liberty and the public ... More


View: