That's The Reason Why Jurisprudence Is Going Astray
Even at the highest level of the court system, there are different opinions on similar cases, and this is a recipe for bad jurisprudence, he notes. In England, for example, there are rulings at the highest level that allow the wearing of crosses in the workplace and others that deny such a right.
Bogle explains that there was already a legal discussion about rights among the ancient Greeks, "but that was not the guiding principle of law."
Rights-based law adds a considerable degree of subjectivity because it is unclear when something becomes one person's right and when it conflicts with another person's right, says Bogle, “So it is up to the judges to decide according to their private views or consciences.”
Bogle cites examples such as the right to life of children and the interests of their mothers, or the interests of the homosex lobby clashing with the rights of religious communities. Currently, judges rule that religious groups can keep homosexuals out of their churches, "but for how long?"
The alternative to rights-based law is a duty-based law like the Ten Commandments, the Roman law or the former English common law, Bogle explains. A duty-based law says for instance „Thou shalt not murder.“
Such laws are based on a duty not to commit certain offences. While the limits of a rights-based law are difficult to determine, it is "very easy" for judges to apply a duty-based law.
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