2 ms·
Most simply, you could start from the view that is the basis of English common law - that which is not explicitly forbidden is allowed. Your rights are not give
by brigandish 3y ago
Most simply, you could start from the view that is the basis of English common law - that which is not explicitly forbidden is allowed. Your rights are not given, they exist prior to law, it is only for law to help define them for the purpose of upholding them.
Hence, freedom is the default position, the default human right. What needs to be justified is the restriction, not the freedom. Without good justification the restriction should be removed. An example of unjustifiable restriction is "criminals may use it", as:
a) your freedom should not be impinged on by the actions of others, especially malicious ones, and
b) you are presumed innocent (the second, perhaps only in order of mention here, great principle of English law, if not culture. One that is sadly being undermined).