suijurisfreeman
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What is a 'legal' definition of a 'license', a 'right'?
Exactly what is a 'license'? According to Black's Law Dictionary, 3rd Edition, page 1110: License , "In Constitutional Law, and in the Law of Contracts, A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. A permit or privilege to to what otherwise wouyld be unlawful. A permit, granted by the sovereign, generally for a consideration."
According to Charles A . Weisman, author of The Right to Travel: Liberty or License?, a 'license' has the following characteristics: "1. There must be a licensor (the issuer). 2. There must be a licensee. 3. The license gives or grants a right, permission or liberty to the licensee. 4. The right or permission granted by the license is special and unique to the licensee alone. This is called a privilege. 5. The license bypasses a legal barrier or an unlawful act. 6. If the power to license exists so does the power to prohibit by the licensor. 7/ The license can place rules, requirements and limitations upon the licensee. 8. The license is revocable (by the licensor). 9. The terms and rules of the license are amendable (by licensor). These characteristics are inherent in the legal principle of licensing and exist in all licensing transactions."
More on the word 'license' later.
What is the 'legal' definition of 'right'? Again Black's Law Dictionary, 3rd Edition, page 1559, 'right', In Constitutional Law, "There is also a classificatiion of rights, with respect to the constitution of civil society. Thus, according to Blackstone, 'the rights of persons, considered in their natural capacities, are of two sorts, - absolute and relative ; absolute, which are such as appertain and belong to particular men, merely as individuals or single persons; relative, which are incident to them as members of society, and standing in various relations to each other.' Rights are also classified in constitutional law as natural, civil, and political , to which there is sometimes added the class of 'personal rights'. Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural law; or those which, by fgair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him. Civil rights are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government. They include the rights of property, marriage, protection by the laws, freedom of contact, trial by jury, etc. Or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. Also a term applied to certain rights secured to citizens of the United States by the 13th and 14th amendments to the constitution, and by various acts of congress made in pursuance thereof. Political rights consist in the power to participate, directly or indirectly, in the establishment of administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and the right of petition."
The purpose of quoting Black's Law Dictionary is to give definition to the words, 'license' and 'rights'. If anyone else cares to post a different meaning of these words from some other recognized source please feel free to do so. I think that in order to discuss a word, first the meaning of the word to be discussed should be defined, that way we're all on the same page.
To be continued........
Exactly what is a 'license'? According to Black's Law Dictionary, 3rd Edition, page 1110: License , "In Constitutional Law, and in the Law of Contracts, A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. A permit or privilege to to what otherwise wouyld be unlawful. A permit, granted by the sovereign, generally for a consideration."
According to Charles A . Weisman, author of The Right to Travel: Liberty or License?, a 'license' has the following characteristics: "1. There must be a licensor (the issuer). 2. There must be a licensee. 3. The license gives or grants a right, permission or liberty to the licensee. 4. The right or permission granted by the license is special and unique to the licensee alone. This is called a privilege. 5. The license bypasses a legal barrier or an unlawful act. 6. If the power to license exists so does the power to prohibit by the licensor. 7/ The license can place rules, requirements and limitations upon the licensee. 8. The license is revocable (by the licensor). 9. The terms and rules of the license are amendable (by licensor). These characteristics are inherent in the legal principle of licensing and exist in all licensing transactions."
More on the word 'license' later.
What is the 'legal' definition of 'right'? Again Black's Law Dictionary, 3rd Edition, page 1559, 'right', In Constitutional Law, "There is also a classificatiion of rights, with respect to the constitution of civil society. Thus, according to Blackstone, 'the rights of persons, considered in their natural capacities, are of two sorts, - absolute and relative ; absolute, which are such as appertain and belong to particular men, merely as individuals or single persons; relative, which are incident to them as members of society, and standing in various relations to each other.' Rights are also classified in constitutional law as natural, civil, and political , to which there is sometimes added the class of 'personal rights'. Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural law; or those which, by fgair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him. Civil rights are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government. They include the rights of property, marriage, protection by the laws, freedom of contact, trial by jury, etc. Or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. Also a term applied to certain rights secured to citizens of the United States by the 13th and 14th amendments to the constitution, and by various acts of congress made in pursuance thereof. Political rights consist in the power to participate, directly or indirectly, in the establishment of administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and the right of petition."
The purpose of quoting Black's Law Dictionary is to give definition to the words, 'license' and 'rights'. If anyone else cares to post a different meaning of these words from some other recognized source please feel free to do so. I think that in order to discuss a word, first the meaning of the word to be discussed should be defined, that way we're all on the same page.
To be continued........
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