Jurisprudence As a theory in law, Jurisprudence involves varying philosophical perceptions about the purposes of law, the legal system and the institutions developed to regulate law. In an effort to understand the basic, fundamental reasoning for la Continue Reading...
If the purpose of law is to maintain the order of society yielding the best possible circumstance for each individual man, woman, and child, then the argument arises as to whether such direct revenge is actually conducive to preventing further diso Continue Reading...
This showed me that law-protection of people from harm- was exclusive from the moral obligations of the society-such as working to improve the community. Basically, I eventually came to associate the Separability Thesis based on my observation; esse Continue Reading...
Rule of Law and Extra-Legal Doctrines The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands Continue Reading...
One of these areas is religion, as Hobbes argues that religion must be something over which those who are operating society must have control in order to keep the people moving in the direction which society has determined is correct. That, however Continue Reading...
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the pos Continue Reading...
Law of Contract Contract law As to concerned definition of law there are many definition among various schools of thought of law such that no particular definition is acceptable to them as universal definition of law, but nevertheless there is a co Continue Reading...
Theory & Context: Public Administration and the Rule of Law The purpose of this study is to integrate the arguments including the strengths and weaknesses of the works of Lynn (2009), Moynihan (2009) and Rosenbloom (1992) and to compare and cont Continue Reading...
Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There ma Continue Reading...
Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid g Continue Reading...
law that you believe has most strongly influenced modern criminal law. Explain the theory and the basis for your selection. From there, explain why an understanding of statutory law is necessary in a criminal justice context. Select one statute on a Continue Reading...
A number of people also incorporate religious ideas into natural law theory, even as others submit more commonly to essential moral laws which may or may not be directed by religious reliance (What is Natural Law Theory, 2010). Laws are derived fro Continue Reading...
International Law Efficiency of the international laws There has been a growing concern over the international law and the application of the same bearing the different settings and backgrounds against which these laws are applied. As they are inte Continue Reading...
Criminal Law Due Process Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people fe Continue Reading...
Alternative Commercial Dispute Resolution: A Critical Assessment of the ADR Mechanism in the Saudi Legal System and Practice General review of Alternative Dispute Resolution The rationale of the ADR movement. The benefits of using arbitration in p Continue Reading...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
Rule of Law Legitimate? What exactly is Law but a well-known and legitimate Profession? According to Oliver Wendell Holmes Jr. In an address made to the students of the Boston Law School in the year 1897, a law student must remember certain importa Continue Reading...
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe). Next, the Continue Reading...
Individual Rights for a Nation Introductory Supporting Analysis The legal and political philosophical principles that ostensibly will advance the Nation of Tagg and its political establishment are the focus of the first section of this paper. The Continue Reading...
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1) Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in compa Continue Reading...
On the other hand, an argument may be made that the death penalty is actually in accordance with natural law theory. The basis of natural law theory traces its roots to what humans feel is fundamentally right and wrong (Robinson and Groves 105). Si Continue Reading...
Legal Positivism and Australian Law Nature and rule of law have generated more passionate debates in legal circles than anything else and the reason lies in the fact that law directly affects the lives of citizens of a country. National laws govern Continue Reading...
Prevailing Legal Theory in the United States Today Common legal theories in the United States today The most commonly-espoused legal theories in the media today are those of 'strict construction' and 'broad construction' (otherwise known as 'judic Continue Reading...
It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God. The basics of natural law are buried in what is called a conscious. What is moral and pure and good is acceptable as natural law. The Americ Continue Reading...
Harvard college's "oncomouse," which is a mouse that has been genetically engineered to make it more susceptible to cancer, and thus of more use in research, could be patented under Canadian patent law. The Patent Examiner refused to grant the paten Continue Reading...
Part 6 also gives guidance in the case of some specialized types of contract. UCITA in Part 7 for the major part carries over the popular rules of Article 2 involving breach when suitable in the perspective of the tangible medium on which the inform Continue Reading...
Contract Law In the presented scenario, Brian had been negotiating with Amy for several days without reaching agreement. They finally reached a compromise and agreed that the transaction would proceed. However, it appears as though there was a commu Continue Reading...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the data on which Senators and members of the House voted for and against legislati Continue Reading...
It has given a clear signal to unscrupulous tyrants and murderous dictators around the world that they have no place to hide. Earlier, they could escape prosecution for their crimes by brow-beating or manipulating the judicial system in their own co Continue Reading...
learn how the law works by memorizing a set of rules or theorems. A misconception lies in the commonly asked question, "What is the law?" -- since it presupposes that it's all laid out somewhere on great stone tablets. The truth is that the answer o Continue Reading...
Product Liability Today's society is a consumer-based system where relationships are expressed when people buy products from companies. Product liability when accidents occur has become a focus point for many court cases and rulings. The purpose of Continue Reading...
ACLU v Reno: A definitive victory for free speech The First Amendment in the United States of America's Constitution is perhaps the hallmark of what current President Bush refers to continually as our "freedom." It represents the fundamental differ Continue Reading...
Crime Flinn operated a loan brokering business without a license. Flinn was prosecuted for violating the statute required that persons engaged in the business of brokering loans obtain a license from the state. Flinn's defense was that he was unawar Continue Reading...
American legal system consists of two types of cases, civil and criminal. Civil and criminal cases differ greatly from each other but also may share similarities in certain situations. Crimes are typically viewed as offenses against the state. These Continue Reading...
United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidiscipli Continue Reading...
This is a most important question today, for it is sometimes said that the pursuit of profit ought not to be the primary and dominant goal of a business firm but rather must be balanced by concern for customers, employees, or society. In order to se Continue Reading...
However, it must be noted that the doctrine of consideration has changed and therefore seems to have fixed many of its most impractical elements, or at least that is what has been argued. One example of a change is the fact that in regards to consid Continue Reading...
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the char Continue Reading...
law and politics and demonstrate what the difference is, if any, between law and politics. The difference between law and politics has been debated among those to who are referred to as "purists," which are those who hold as a belief that "law" and Continue Reading...
