Law and rule following as arbitrary-excessive rule following and law following as potentially violating too many human rights and freedoms and open to slavery like treatment of persons
| Abstract | Laws from guardianship, monopoly, corruption, and fraud are open to arbitrariness. Arbitrariness is a normal concern as human rights and freedoms of too many persons are potentially violated. Slave like treatment of many persons would follow if guardianship, monopoly, corruption and fraud laws were applied to all persons. Application of laws can give rise to significant human rights violations and abuses. Laws become discriminatory when applied to many rather than just some persons. Rule following or citation is sometimes described as helpful with regard to evaluating the worth of a scientific article, Justice or judge, but rule following with regard to application of laws can result in discrimination against persons. We look at examples with regard to corruption, monopoly, guardianship and fraud to disclose that application of laws would violate rights of too many. | |||||||||
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Carl Wellman (1985). A Theory of Rights: Persons Under Laws, Institutions, and Morals. Rowman & Allanheld.
Derrick Darby (2009). Rights, Race, and Recognition. Cambridge University Press.
Donald V. Poochigain (2007). Human Nature and Human Rights. The Proceedings of the Twenty-First World Congress of Philosophy 3:131-135.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
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