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Related to inalienability: Inalienable rights


Not subject to sale or transfer; inseparable.

That which is inalienable cannot be bought, sold, or transferred from one individual to another. The personal rights to life and liberty guaranteed by the Constitution of the United States are inalienable. Similarly, various types of property are inalienable, such as rivers, streams, and highways.


adjective incapable of being conveyed, incapable of being sold, incapable of being transferred, nontransferable, not able to be conveyed, quod abalienari non potest, secured by law, unable to be bought, unable to be disposed of, unforfeitable, untouchable
Associated concepts: inalienable lands, inalienable rights
See also: absolute, conclusive, indefeasible, rightful, unalienable

INALIENABLE. This word is applied to those things, the property of which cannot be lawfully transferred from one person to another. Public highways and rivers are of this kind; there are also many rights which are inalienable, as the rights of liberty, or of speech.

References in periodicals archive ?
Moreover, this redefinition of inalienability would better reflect the various ways Indigenous peoples express continuing relation to particular lands.
does not absolutely hamper procedural conciliation so long as a thorough vindication and guaranty remain feasible." (171) He adds that "even though those entitled to proceed may not compromise on an essentially communal right, they may give in on, say, an accessory or even principal obligation unrelated to the nucleus of the central duty." (172) Embracing "the aspirations for an adequate collective system," this commentator argues in favor of "a minimal margin of negotiation necessary for effective settlement" and against "the maintenance of the omnipotent dogma pertaining to the utter inalienability of the materially joint right." (173)
(172) See Hasen, supra note 160, at 1335 ("[The] inalienability argument is based upon a moral judgment that votes should not be salable or transferable.").
(302.) See supra Section I.B; see also Radin, supra note 32, at 1927 (discussing human flourishing from the perspective of market inalienability).
The contrasting view would abrogate this conception of property rights in order to assure that no Jewish individual - or, for that matter, no Palestinian resident on other Palestinians' land - would be evicted; the search is for a politically necessary collective compromise in spite of the inalienability of property rights in international law.
inalienability involved in either surrogacy or egg markets should lead
On the other side, incapacity cannot be mingled with the inalienability because this one refers to a good or a right that cannot be transferred by acts between living persons (3), at the same time, neither with the unavailability that is a measure of suspension of the right of disposition concerning some goods, in order to maintain these ones in that respective person's inheritance; more generally, we shall not put the sign of equality between the incapacities (or one of them) and the limits of the law of property.
"A libertarian theory of contract: title transfer, binding promises, and inalienability" Journal of Libertarian Studies, Vol.
In addition, because the non-assignability and champerty doctrines bar private transactions between competent adults, they implicate a rich non-economic literature on inalienability. See, e.g., Margaret Jane Radin, Market-Inalienability, too Harv.
stem from the overbroad inalienability of the provision and the far too
Bread-and-butter issues are still the top priority of the public in the absence of an education system that teaches the inalienability of fundamental rights.