Jeff Matthews Posted February 17, 2016 Share Posted February 17, 2016 From Wiki: The tort of nuisance has existed since the reign of Henry III, with few changes, and most of them merely technical.[5] It originally came from the Latin nocumentum, and then the French nuisance, with Henry de Bracton initially defining the tort of nuisance as an infringement of easements.[6] The tort was in line with the economic status quo of the time, protecting claimants against their neighbours' rights to develop land... https://en.wikipedia.org/wiki/Nuisance_in_English_law By comparison, the modern Constitution of S.A>Chapter 2 of the Constitution of South Africa Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. They also apply to juristic persons to the extent that they are applicable, taking into account the nature of the right. The rights enumerated are: Section 9: everyone is equal before the law and has right to equal protection and the benefit of the law. Prohibited grounds of discrimination include race, gender, sex, pregnancy, marital status,ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Section 10: the right to human dignity. Section 11: the right to life, which has been held to prohibit capital punishment,[8] but does not prohibit abortion.[9] Section 12: the right to freedom and security of the person, including protection against arbitrary detention and detention without trial, the right to be protected against violence, freedom fromtorture, freedom from cruel, inhuman or degrading punishment, the right to bodily integrity, and reproductive rights. Section 13: freedom from slavery, servitude or forced labour. Section 14: the right to privacy, including protection against search and seizure, and the privacy of correspondence. Section 15: freedom of thought and freedom of religion. Section 16: freedom of speech and expression, including freedom of the press and academic freedom. Explicitly excluded are propaganda for war, incitement to violence and hate speech. Section 17: freedom of assembly and the right to protest. Section 18: freedom of association. Section 19: the right to vote and universal adult suffrage; the right to stand for public office; the right to free, fair and regular elections; and the right to form, join and campaign for a political party. Section 20: no citizen may be deprived of citizenship. Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike. Section 24: the right to a healthy environment and the right to have the environment protected. Section 25: the right to property, limited in that property may only be expropriated under a law of general application (not arbitrarily), for a public purpose and with the payment of compensation. Section 26: the right to housing, including the right to due process with regard to court-ordered eviction and demolition. Section 27: the rights to food, water, health care and social assistance, which the state must progressively realise within the limits of its resources. Section 28: children's rights, including the right to a name and nationality, the right to family or parental care, the right to a basic standard of living, the right to be protected from maltreatment andabuse, the protection from inappropriate child labour, the right not to be detained except as a last resort, the paramountcy of the best interests of the child and the right to an independent lawyer in court cases involving the child, and the prohibition of the military use of children. Section 29: the right to education, including a universal right to basic education. Section 30: the right to use the language of one's choice and to participate in the cultural life of one's choice. Section 31: the right of cultural, religious or linguistic communities to enjoy their culture, practise their religion and use their language. Section 32: the right of access to information, including all information held by the government. Section 33: the right to justice in administrative action by the government. Section 34: the right of access to the courts. Section 35: the rights of arrested, detained and accused people, including the right to silence, protection against self-incrimination, the right to counsel and legal aid, the right to a fair trial, thepresumption of innocence and the prohibition of double jeopardy and ex post facto crimes. Section 36 allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom."[10] Section 37 allows certain rights to be limited during a state of emergency but places strict procedural limits on the declaration of states of emergency and provides for the rights of people detained as a result. Gee, we eventually fixed slavery and women's suffrage. I wonder how long it wolf take to get to this Bill of Rights?Sent from my SM-T330NU using Tapatalk Look at all those rights. Wow! I wonder how they're doing over there. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted February 17, 2016 Author Share Posted February 17, 2016 From Wiki: The tort of nuisance has existed since the reign of Henry III, with few changes, and most of them merely technical.[5] It originally came from the Latin nocumentum, and then the French nuisance, with Henry de Bracton initially defining the tort of nuisance as an infringement of easements.[6] The tort was in line with the economic status quo of the time, protecting claimants against their neighbours' rights to develop land... https://en.wikipedia.org/wiki/Nuisance_in_English_law By comparison, the modern Constitution of S.A>Chapter 2 of the Constitution of South Africa Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. They also apply to juristic persons to the extent that they are applicable, taking into account the nature of the right. The rights enumerated are: Section 9: everyone is equal before the law and has right to equal protection and the benefit of the law. Prohibited grounds of discrimination include race, gender, sex, pregnancy, marital status,ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Section 10: the right to human dignity. Section 11: the right to life, which has been held to prohibit capital punishment,[8] but does not prohibit abortion.[9] Section 12: the right to freedom and security of the person, including protection against arbitrary detention and detention without trial, the right to be protected against violence, freedom fromtorture, freedom from cruel, inhuman or degrading punishment, the right to bodily integrity, and reproductive rights. Section 13: freedom from slavery, servitude or forced labour. Section 14: the right to privacy, including protection against search and seizure, and the privacy of correspondence. Section 15: freedom of thought and freedom of religion. Section 16: freedom of speech and expression, including freedom of the press and academic freedom. Explicitly excluded are propaganda for war, incitement to violence and hate speech. Section 17: freedom of assembly and the right to protest. Section 18: freedom of association. Section 19: the right to vote and universal adult suffrage; the right to stand for public office; the right to free, fair and regular elections; and the right to form, join and campaign for a political party. Section 20: no citizen may be deprived of citizenship. Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike. Section 24: the right to a healthy environment and the right to have the environment protected. Section 25: the right to property, limited in that property may only be expropriated under a law of general application (not arbitrarily), for a public purpose and with the payment of compensation. Section 26: the right to housing, including the right to due process with regard to court-ordered eviction and demolition. Section 27: the rights to food, water, health care and social assistance, which the state must progressively realise within the limits of its resources. Section 28: children's rights, including the right to a name and nationality, the right to family or parental care, the right to a basic standard of living, the right to be protected from maltreatment andabuse, the protection from inappropriate child labour, the right not to be detained except as a last resort, the paramountcy of the best interests of the child and the right to an independent lawyer in court cases involving the child, and the prohibition of the military use of children. Section 29: the right to education, including a universal right to basic education. Section 30: the right to use the language of one's choice and to participate in the cultural life of one's choice. Section 31: the right of cultural, religious or linguistic communities to enjoy their culture, practise their religion and use their language. Section 32: the right of access to information, including all information held by the government. Section 33: the right to justice in administrative action by the government. Section 34: the right of access to the courts. Section 35: the rights of arrested, detained and accused people, including the right to silence, protection against self-incrimination, the right to counsel and legal aid, the right to a fair trial, thepresumption of innocence and the prohibition of double jeopardy and ex post facto crimes. Section 36 allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom."[10]Section 37 allows certain rights to be limited during a state of emergency but places strict procedural limits on the declaration of states of emergency and provides for the rights of people detained as a result. Gee, we eventually fixed slavery and women's suffrage. I wonder how long it wolf take to get to this Bill of Rights?Sent from my SM-T330NU using Tapatalk Look at all those rights. Wow! I wonder how they're doing over there. I would love to have those rights here. Which was the point I was making about old versus new blue prints.Once more, I invite you to consider that a blue print is not the building. Sent from my SM-T330NU using Tapatalk Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted February 17, 2016 Share Posted February 17, 2016 I would love to have those rights here. Which was the point I was making about old versus new blue prints. You do realize that the piece of paper merely says they have those rights. Have you investigated what life is actually like over there? What's the point of the prison warden telling me how "free" I am? Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted February 17, 2016 Author Share Posted February 17, 2016 I think it is far simpler than is being made out. Our Founders ratified a Constitution permitting slavery, and no suffrage for women. That alone, with no more analysis, defines an old set of ideas by men who could think no better. A modern Constitution, from modern thinkers, would have no such hurdles to over come.The Constitution, as amended, is the law. You are criticizing something which was long ago superseded.Anyway, if you are unable to see the inconsistency in your various positions concerning restrictions on government and conspiracy-theories, then, there is little left to argue. I am not in your shoes, but when I spot myself being inconsistent or confused, I tend to admit it. It keeps me open-minded and capable of learning. Again with the conspiracy theories? Where do you get this stuff?I haven't mentioned any conspiracy here. But I did demonstrate easily that old is not virtuous when it comes to blueprints for a nation. Whenever you are flummoxed you resort to an escape hatch of yelling "conspiracy theory." Find the conspiracy theory in this thread and quote it. Sent from my SM-T330NU using Tapatalk "n this thread?" Why does it have to be in this thread? If it's not in this thread, does it mean you no longer believe it? Why would you be trying to avoid the concise argument here in this thread by rambling on about unrelated events in another thread, unless you just had no case at all?Everything I have posted here is simple, straight forward. It doesn't rely on any other thread. That's why I said "in this thread." Sent from my SM-T330NU using Tapatalk Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted February 17, 2016 Share Posted February 17, 2016 Why would you be trying to avoid the concise argument here in this thread by rambling on about unrelated events in another thread, unless you just had no case at all? Everything I have posted here is simple, straight forward. It doesn't rely on any other thread. That's why I said "in this thread." The relevance is very clear. You can't hide behind a pretend "thread-barrier." Duck Dodgers. Quote Link to comment Share on other sites More sharing options...
fuzzydog Posted February 17, 2016 Share Posted February 17, 2016 I would love to have those rights here. Which was the point I was making about old versus new blue prints. You do realize that the piece of paper merely says they have those rights. Have you investigated what life is actually like over there? What's the point of the prison warden telling me how "free" I am? Exactly, why would you rely on some anonymous government bureaucrat to provide your housing, food, water, and healthcare. Sounds like a good way to end up dead. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted February 17, 2016 Author Share Posted February 17, 2016 I would love to have those rights here. Which was the point I was making about old versus new blue prints. You do realize that the piece of paper merely says they have those rights. Have you investigated what life is actually like over there? What's the point of the prison warden telling me how "free" I am? Well duh. Why are you continuing to conflate the blue print with the building? It's illogical. Sent from my SM-T330NU using Tapatalk Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted February 17, 2016 Author Share Posted February 17, 2016 I would love to have those rights here. Which was the point I was making about old versus new blue prints. You do realize that the piece of paper merely says they have those rights. Have you investigated what life is actually like over there? What's the point of the prison warden telling me how "free" I am? Exactly, why would you rely on some anonymous government bureaucrat to provide your housing, food, water, and healthcare. Sounds like a good way to end up dead. You too are making the same error in logic as old TeX. A constitutional right doesn't how it is accomplished. Sent from my SM-T330NU using Tapatalk Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted February 17, 2016 Author Share Posted February 17, 2016 Why would you be trying to avoid the concise argument here in this thread by rambling on about unrelated events in another thread, unless you just had no case at all? Everything I have posted here is simple, straight forward. It doesn't rely on any other thread. That's why I said "in this thread." The relevance is very clear. You can't hide behind a pretend "thread-barrier." Duck Dodgers. There's nothing to hide. Old political science is bad, and new is better. The old Framers were slavers, and new ones would not be. The old Framers designed very poor popular representation, and new ones would not. Old Framers prevented females from voting, new ones would not. Pretty simple. Sent from my SM-T330NU using Tapatalk Quote Link to comment Share on other sites More sharing options...
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