 Arguments for and against the legal prohibition of drugs are surveyed. Various kinds of argument are identified and analysed: arguments against prohibition from a moral right to personal liberty; utilitarian and contractualist arguments for a right to personal liberty; arguments for prohibition from liberty-limiting principles (the harm principle, legal paternalism, legal moralism, Kan...

as a result of rule of law ideal, judges are required to act in accordance with laws. the ideal is justified by some political values: political liberty, legal liberty , personal liberty and equality. citizens are subject only to the law not to the arbitrary will or judgment of another who wields coercive government power. but in some cases law is indeterminate. in these cases there is an impor...

An agent’s responsibility for action has critical importance in both criminal and civil law. In a liberal society that favors negative liberty, the law permits maximum liberty and autonomy only to responsible agents.1 Generally unencumbered by legal regulation, they are free, for example, to make foolish, irrational and even dangerous life choices, such as refusing potentially life-saving medic...

Abstract Beccaria’s penal philosophy hinges on the doctrinal paradigm of liberty through law. Inconceivable in absence laws and unattainable presence arbitrary powers, is profiled as legal situation person who may act, within sphere what not forbidden bound, without suffering illicit interference from private individuals or organs state. Thus, form law becomes an essential matter construction p...

Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principl...

Article 21 of the Indian Constitution, which deals with protection life and personal liberty, has been interpreted in several landmark cases by courts law. Every one those formulations enlarged scope to encompass aspects that give meaning, purpose, dignity existence. The terms "life" "liberty" are deeply linked. Liberty gives a person freedom make decisions freely, without liberty would be mean...

The essential unity of all mental health services has been obscured by entanglement with the law. This entanglement was inevitable because certain mental states necessitate the patient's segregation, and all restrictions on liberty demand, and rightly demand, legal safeguards against their abuse. But, while it was inevitable that mental medicine should be entangled with the law, the results of ...

In 1908, the eminent British legal scholar F.W. Maitland declared that, “Religious liberty and religious equality are complete.”1 More recent scholarship has suggested that Maitland’s declaration may have been somewhat premature.2 But the last hundred years have witnessed the “demise” of Christianity as the “dominant ideology of our academic discourses.”3 And—at least on the surface—the situati...

the common law may still apply. The application of these laws is complex and we discuss these complexities for the benefit of healthcare professionals. All doctors—particularly those who treat patients in hospital with dementia, learning difficulties, and brain injury, as well as GPs, physicians, and psychiatrists who treat residents of care homes—need to be able to identify patients who are at...