HREQ 3120 Lecture Notes - Lecture 1: Spontaneous Order, Individual And Group Rights, Positive Law

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The origins and sources of the charter: natural law and rights. 1 it is grounded in an immediate historical process that involved the negotiations that brought about its adoptions into reality. Involves interactions between the federal government and the provinces and culminates in a constitutional conference. 2 it is grounded more significantly in king historical process that stretches across centuries this division may also be described as a short versus long duration or historical process. Most social events can be described in this manner. The charter is not as unique as it is shown to be. There are many similar ideas to the charter. Claim states that humans are born with natural rights. Positive law : what is created by the state. There is no nature in the set of rights or law that exists before the state. Law that comes from sovereign or authority or government. Do the content of the law matter to be considered just.

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