Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than Continue Reading...
The NPC, importantly, controls both legislative and judicial functions -- true to the consolidation of power in communism. When discussing the Chinese judiciary, one must understand there are no juries, only judges; and hearsay is admissible as evid 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...
Neo-Liberalistic Legal Concepts on Nations With Distinct Legal Tradition (Common, Civil, Socialist) This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: M Continue Reading...
President Karzai confirmed that the sharia would remain as the law of the land but gave assurances that amputation punishments would not be enforced (Shea 2002). He stressed that very strict rules applied in such cases. Extreme sharia had no room f 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...
American National Character America can almost be thought of as a massive experiment in culture. Here we have a nation inhabited almost entirely by immigrants; all with different languages, customs, beliefs, and appearances who are forced to someho Continue Reading...
Confidentiality and Law: Expectations of Trust in Legal Ethics There is a significant and critical difference between what one considers professional ethics and one's personal morality. Professional ethical rules may have developed under the wider u Continue Reading...
Constitutional RightsIntroductionThe Constitution of the United States is an enduring document that has been the subject of much analysis and interpretation. The document establishes the framework for the federal government and guarantees certain rig Continue Reading...
The second section examines the processes of the Constitutional Convention, the rectification of the weak Articles of Confederation, the ratification of the new Constitution, and the Washington and Jeffersonian Administrations. The first presidents Continue Reading...
but, those same laws were immediately enacted by the Federal government and from that origin, became immediately binding - the Cherokee would be held to be covered by Federal but not state law. Those members of Congress who supported the removal po Continue Reading...
Legal Memo The dismantlement of Affirmative Action within the University of California was appropriate Graduate education and learning has been the crucial pathway to enter critical spheres of influence in the U.S. And also the grounds for obtainin Continue Reading...
The contact between the two groups is not always straight forward, and is often fought officially, through judicial practices, and unofficially, through dubious backstage arrangements and activities. However, there is also a legal manner through wh Continue Reading...
Forms of marriage that should be legally banned Gay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, Uni Continue Reading...
American Ethnic Culture What is an American? It is clear that Progressive era Americans from different backgrounds differentially defined precisely what being an American actually meant. Stephen Meyer wrote in the work entitled "Efforts at American Continue Reading...
Ginsberg in fact spent some time in a psychiatric ward and his poem Howel makes the implication that his and his contemporaries madness is caused by the madness of society which, due to its infatuation with technology, has become a demon far worse t Continue Reading...
" Then there are the "...5 million employees of the federal bureaucracy and the military" at his disposal. Also, the president runs the executive branch of government; Cummings writes that he is "chief of state" - the "ceremonial and symbolic head o Continue Reading...
In many ways, the how of the evolution of the Civil War is a pseudo-chicken-and-egg question; which issue supported the other? Did the slave labor of the South spawn the abolition rampant throughout Union ideology or did the economics of one-sided s Continue Reading...
William Penn, a Quaker whose father had been an Admiral in the King's Royal Navy, was given a large piece of land as payment for a debt owed by the Crown to his father. Penn had suggested naming the new territory Sylvania, meaning wood, but the King Continue Reading...
law tradition -- followed by most Western nations and others as well -- was originated in England during the Middle Ages, according to the School of Law at the University of California at Berkeley. While the common law tradition became part of civil Continue Reading...
Soviet Law The legal system of Russia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than Russian legal ideology and court systems (Bartlett, 2008). In reviewing the d 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...
Civil law has a long history, dating all the way back to Roman times, and remains the dominant legal tradition in many countries including Central and South America and most of Europe. Civil law tradition was gathered into a comprehensive summary inc Continue Reading...
Origins and Characteristics of the Law and Legal Systems in the U.S. The Origins and Characteristics of the Law and Legal Systems in the United States The origins and characteristics of the law and legal systems of the United States It is a commo Continue Reading...
(University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptu Continue Reading...
Edwards will be punished, but not in the same kind of fashion as everyone else (i.e. public lashings and prison sentences). ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction") For example, if lead Continue Reading...
Sentencing, and Punishment England and Wales work on an adversarial principle when it comes to law enforcement. The adversarial principle states that "that a person is not considered to be guilty of a crime simply on the word of a government offici Continue Reading...
So alike yet distinct did these early writers create, that they are now required reading in British schools (Duquette). In terms of religion, American culture emulated Britain less than many of the early settler were reactionary against British con Continue Reading...
Slippery Slope Law / Discrimination The definition of the slope and its legal implications are largely hypothetical. According to Eugene Volokh, an action that is voted in -- say a ban on guns provides with the curtailment of many other things -- li Continue Reading...
After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins Continue Reading...
Future of the Latin American Music Recording Industry A recent television commercial for the Honda motor cars complete the dialogue of features and benefits of new products with three words from the product spokesperson. "This changed everything" is Continue Reading...
Mandatory Essay: “Resistance is Never Futile: The Ongoing Struggle for Liberation” Fossils from the Great Rift Valley offer testimony that all human beings descended from their roots in Africa. Because all humans are essentially in diaspo Continue Reading...
Old People Native Americans and those non-Indian-American settlers have very different traditions for recording history. The Native Americans live in an oral culture that records history and important information in language. This is common in soci Continue Reading...
American foreign policy change from 1940 to the present? Before the 20th century, the U.S. had a strong tradition of isolationism and non-interventionism. Beginning with American participation in World War I and continuing with its involvement in W Continue Reading...
Survival of Racist Customs and Mores Into the 21st Century: Analysis of the American Correction and Sentencing Trends Increasing awareness of the US's unsuccessful mass imprisonment experimentation has effected federal and state level modificati Continue Reading...
Whether it was the Spanish that fought to conquer lands in the south, or the Dutch that engaged in stiff competition with the British, or the French that were ultimately defeated in 1763, the American soil was one clearly marked by violent clashes b Continue Reading...
" (Anon.) Sentiments, such as these, are widespread. Philosophies such as behaviorism assert that the environment compels the nature of a child. Biological perspectives believe that the child may be evolutionarily ingrained to act in a certain mann Continue Reading...
Gambia, Africa The Republic of The Gambia used to be part of the Empire of Ghana and the Kingdom of the Songhais (Bureau of African Affairs 2005). First records came from Arab traders of the 9th and 10th centuries who had commercial relations with t Continue Reading...
Americans with Disabilities Act (ADA) was signed into law last July 26, 1990. As a bill, the ADA enjoyed strong support from then President George Bushy. It was overwhelmingly approved by both houses of Congress, garnering only six nay votes in the S Continue Reading...
