...BEFORE THE LAW -Kafka The very title of this short piece by Kafka is one that made Derrida pose the question: Is the man trying to gain admittance into the law or into a place where law exists? The phrase, ‘Before the Law’ is circumstantially significant with respect to the situations and conditions of common man before the advent of law. Throughout the story, Kafka tries to induce into the reader, a sense of empathy for the man standing before the law, the gates of which are guarded by a keeper, whose hands in turn are vested with the power to grant or prohibit one’s entry into the law. How does such immense power come to be concentrated in the hands of a mere gatekeeper? If one draws parallels between the gatekeeper and the law, this theme can be expanded to incorporate questions regarding the immensity of the power of law. Simply speaking, the obedience of law is the reason for its authoritative power. This can be inferred from an ironical situation depicted in the story, when the gatekeeper, who does not permit the man entry into the law till his dying day, declares to him that the gates were for him and only him to enter. By way of explanation, the irony of the situation stems from the fact that the man who was meant to and could have gained access to the law, fails to do so due to the power of the gatekeeper, who assumes the same as a result of the man’s bemoaning but unquestioning obedience. The magnitude of the power in the hands of the gatekeeper potentially...
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...Kalief’s imprisonment was in abuse of government power. It is a violation of certain guaranteed rights from the bill of rights such as the right to a speedy trial, no unreasonable searches, and due process. All of these rights were violated against Kalief starting from the day he got pulled over by the police. These violations of his rights scarred him for his life and led to him trying to commit suicide and then eventually succeeding a year later. After these events Kalief’s life was never the same. In the US court system there is a right to a speedy trial which was taken away from Kalief. In the article “Before The Law” by Jennifer Gonnerman it states “Browder had spent three years on Rikers only to have his case dismissed.” The right...
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...Ashfaqul Islam Rafi Professor Chandra Dickson Rough draft 11 October 2016 Before the law Before the Law by Timothy W. Ryback from The New Yorker explains about a teenager who was accused of stealing a backpack and sent to jail without proper evidence which took three years from his life. The author addresses the problem of wrongful convictions in the United States where innocent people can be blamed for crimes they did not commit. Timothy W. Ryback illustrates the story of Kalief Browder, who was returning home from a party with his friend. As they passed East 186th street, they saw a police car approaching them. The officer told them to get out from the car and searched the vehicle because a man reported that he was robbed by them. Even though...
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...The Law of Habeas Corpus 1 The Law of Habeas Corpus Christina Hubbard AIU Online The Law of Habeas Corpus 2 Abstract This paper will provide what Habeas Corpus means and the reason why prisoners need this law to use as a defense against the crime in which they were prosecuted for. I will discuss the cause for Habeas Corpus and the effects it has on a prisoner’s freedom. I will also discuss the Habeas Corpus Act of 1867 and Death Penalty 1996 and why they are so important to court system. Prisoners must exhaust all direct appeals before they can use the Habeas Corpus. This essay also will tell discuss why the courts don’t very often grant and overturn a prisoner’s conviction. Under the Constitutional Law it is stated that anyone prisoned in the United States has the right to a Habeas Corpus and can petition a court to hear their case and if there’s enough evidence the case may be reopened and tried again. The Law of Habeas Corpus 3 Habeas Corpus also known as the “Great Writ,” is the most celebrated in the English Law that offers protection against illegal restraint or confinement to any person that is detained by the law. The law allows a person who is detained to legally request to go before a judge after all petitions has been exhausted to give evidence and have their case reopened if the judge thinks that it should be retried. The Habeas Corpus Act was formed in 1679 to protect a person from the abusive detention of a person...
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...much the same before and after the change of sovereignty” is not all correct. On 30 June 1997, the transfer of sovereignty over Hong Kong from the United Kingdom to China marked a significant change in the status of Hong Kong. From its position as a colony of the United Kingdom, it has now become a Special Administrative Region (SAR) of the People’s Republic of China (PRC). The Joint Declaration on the Question of Hong Kong contains the agreement reached between the PRC and the United Kingdom concerning Hong Kong’s future. The Joint Declaration was ratified by the respective governments in 1985. It provided that from 1 July 1997, Hong Kong was to be restored to Chinese sovereignty and be largely self-governing. It also stated that the laws previously in force are to remain unchanged unless they are in conflict with the Basic Law, or unless amended by the HKSAR legislature. This is in accordance with the so-called “one country, two systems” principle. The principles of the Joint Declaration are enshrined in the Basic Law, which is Hong Kong’s “mini-constitution”. Article 5 of the Basic Law provides that “socialist systems and policies shall not be practiced in the HKSAR and that the previous capitalist system and way of life shall remain unchanged for 50 years.” The common law legal system governing Hong Kong will therefore remain fundamentally unchanged well into the twenty-first century. Article 8 of the Basic Law also states that: “The laws previously...
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...INTRODUCTION TO LAW II BY: ARIFF HAFIZI BIN MOHD RADZI GROUP: LWA02E Explain the features found in a Civil Law System and a Common Law System. (20 marks) Legal system is basically defined as a system for interpreting and enforcing the law. According to Wu Min Aun, a legal system is a framework of rules and institutions within a nation, regulating the individual’s relation with others and between the individuals and the government. Two most prevalent legal systems in the world are Civil Law System and Common Law System. Firstly, common law is law that became common to the realm which developed in medieval England. It mainly uses evolving bodies of case (judge-made) precedents. Example of countries which applies this type of system is Australia, United Kingdom and India. On the other hands, the civil law carries the meaning of citizen law which said to be derived the word jus sivil (citizen law). It is mainly developed from Roman Law and Emperor’s Justinian’s Code. Countries which use this type of legal system are mainly located in the European continent, for example; France and Italy. This legal system uses codified (or statute) laws which comes from the parliament. Basic feature of the common law system is that, its primary source is case law, neither statutes nor legislation. Legal principles from previous cases are applied to similar facts in later cases. On the other hand, civil law regards statutes/codes as its primary and only official sources. Law are codified...
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...cutiepieBroken families are breaking youth By Tshikululu Social Investments on 12 May 2011 Categories: Social Development We argue that the fact that two thirds of children do not live with their parents is damaging our future workers, entrepreneurs and leaders. Written by Lucy Holborn for the South African Institute of Race Relations. This article is an executive summary of the second report on research conducted by the Institute into the state of South African families and youth. Unemployment, teenage pregnancy, crime and drug and alcohol abuse all affect South Africa’s youth. Family breakdown and the absence of fathers in particular, may contribute to these social ills. “œNine million kids with no dads” was the headline on the front page of The Sowetanon 5 April 2011. It was based on the Institute’s Research into family breakdown and its harmful consequences for children. The following week Ms Phumla Matjila cited our research in her column in The Times, but argued that being brought up by her grandmother had been good for her. There are exceptions, but in general the odds are stacked against South Africa’s young people succeeding. Only 68% of candidates passed their matric in 2010 and to pass a subject they only had to get 30% right anyway. Of those who enrolled in university in 2002, more than half dropped out. One in two young people who want a job cannot find one, and a third of 15-24 year olds are not in education, employment or training. In other words, they...
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...Law enforcement is a very important part of American society. Without law enforcement professions, American life as most people know it would virtually fall apart. In addition, states throughout the country require that law enforcement professions meet certain requirements before receiving certification to be employed as police officers. This is normally done through what are known as police academies. The state of Iowa is very similar to other states in that there are certain requirements and conditions that must be met before one can be employed in law enforcement. Like most states, the state of Iowa Police Academy has a basic set of requirements that one must meet in order to be qualified to attend the Iowa Law Enforcement Academy. For starters, interested law enforcement professions must be hired or sponsored by a law enforcement agency before attending the Iowa Law Enforcement Academy. Iowa Law Enforcement Agency’s require that...
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...FACULTY OF LAW DEPARTMENT OF BUSINESS LAW MODULE: COMPANY LAW, MANAGEMENT AND FINANCE (BUL701) TOPIC; PRE-INCORPORATION CONTRACTS: THE EXAMINATION OF THE CONCEPTUAL CONFUSION By Esther Adilli Ikenye Being a seminar paper presented at the Fourth Edition of the Company Law, Management and Finance, Master of Laws (LL.M) Class, Seminar Series for the First Semester of the 2014/2015 Academic Session, organized by Dr. Eric Okojie (PhD) and held on Monday, the 20th day of July, 2015, at the Department of Law, Faculty of Law, University of Benin, in partial fulfillment of the requirements for the award of the degree of Master of Laws (LL.M), of the University TABLE OF CONTENTS ABSTRACT 1.0 INTRODUCTION 2.0 ORIGIN OF THE PROBLEMS ASSOCIATED WITH PRE-INCOPORRATION CONTRACTS 3.0 THE PROMOTER AND HIS ROLE IN THE FORMATION OF A COMPANY AND THE INTERPLAY BETWEEN PE-INCORPORATION CONTRACTS AND THE LAW OF AGENCY RULES 4.0 THE POSITION OF THE LAW ON PRE-INCORPORATION CONTRACTS IN ENGLAND 5.0 THE POSITION OF THE LAW ON PRE-INCORPORATION CONTRACTS IN NIGERIA 6.0 THE POSITION OF THE LAW ON PRE-INCORPORATION...
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...Legal consciousness is the basis for the legal system; within the framework of legal consciousness are Before the Law, With the Law and Against the Law these concepts are represented within the story of these three women. The three women involved in this story all have the same problem with the principal of the school they work at, they are all being harassed mostly in the same way. The three women’s names are Alicia, Clara, and Bella; they all go about handling their similar situation differently. I came to see that each woman represented Before the Law, With the Law, and Against the Law. Alicia went about solving her problem Before the Law, Bella solved her problem Against the Law and Clara was With the Law. I will analyze each of their specific situations and explain how each is represented in each case. Firstly, Alicia has been a teacher for a couple of years and the assistant principal has being causing serious problems for her. I believe she went about handling her situation by using the Before the Law legal consciousness. I believe she represents the Before the Law legal consciousness because she follows the rules of the system, she collected her data and took notes about the situations that the assistant principle put her in. She very quietly started to find out how to go about filing a legal complaint about her colleague. She then learned all she can learn about how to go about the situation and waited for the best possible moment to file the complaint. Once she filed...
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...basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive. Dicey developed this theory of Coke in his classic work. The Law and Constitution published in the year 1885. Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power...
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...public safety" Due process of law- the regular administration of a system of laws, which must conform to fundamental and generally accepted legal principles and be applied without favor or prejudice to all citizens. Equal protection of the law- the right of all persons to have the same access to the law and courts, and to be treated equally by the law and courts, both in procedures and in the substance of the law. Establishment clause- the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. Freedom of expression- Right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others' character and/or reputation by false or misleading statements. Freedom of Religion- the right to practice whatever religion one chooses. Free-Exercise clause- prohibits government from interfering with the practice of religion. Good-Faith Exception- an error in gathering evidence sufficiently minor that it may be used in a trial. Libel- a written statement that unfairly or falsely harms the reputation of the person about whom it is made. Prior Restraint- government censorship of information before it is published or broadcast Probable Cause- reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. (you, plain view, and things under your immediate control) Jim Crow Laws- a practice...
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...Law of Contract The nature of contract law: The law relating to contracts is a subject matter of private law. The governing law of contracts is the Contract Act 1872, which is predominantly a private law. The public law, however, comes into play when the parties are at breach of contracts. For example, the courts can award damages/compensation for the breach of contract, which is an act of public law. Contract law is part of law of obligation, which has other sources such as law of torts which govern compensatory remedies for legal injuries arising out of breach of legal, not contractual, duties. An example of tort law is compensation for injury arising from the use of a faulty product, not based on a contract. Contract permeates every day business life. Business managers often need to enter into, and sometimes even draft, contracts with other enterprises or people. Sometimes, contracts give rise to disputes which need to be settled through courts or arbitration. A well-drafted contract however can minimize the rise of disputes, which in many ways depends upon the legal adviser’s or the manager’s knowledge about contract law. The contract law deals also with the laws of agency, partnership, and the sale of goods. Of these issues of contract law, contract law proper and the law of agency re governed by the Contract Act 1872, a British-era enactment. Definition of a contract: According to s. 2 (h) of the CA 1872 an agreement enforceable by law is a contract. Te...
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...Jasmine Rowe Mr. Williams Law Office Management 3 February 2016 My Law Office Visit The law firm which I chose to visit for my law office project was the Law Office of Ness & Jett. I learned so much on my law office visit. The Ness & Jett law firm has two attorneys: Richard B. Ness and Norma A.J. Jett. Richard is a native of Bamberg, South Carolina. He graduated from the University Of South Carolina with a Bachelor of Science in Finance in 1979, and from the University Of South Carolina School Of Law with a Juris Doctor degree in 1982. He is a member of the South Carolina Bar Association and argues before the United States Supreme Court, United States Courts of Appeals for the Fourth Circuit, and the United States District Court for the District Court of South Carolina. Richard engages in general practice with an emphasis on civil trial practice (including medical malpractice and criminal law). Mr. Ness is a certified mediator and has served for twenty eight years as a special referee for the second judicial circuit presiding by court appointment over non-jury trials. He was the chair of the South Carolina Supreme Court Committee on Character and Fitness for nine years, (2004-2012), and remains an active member. Mr. Ness is an advocate on the American Board of Trial Advocates, and member of the South Carolina Association for Justice and the American Association for Justice. Partnered with Mr. Ness is Attorney Norma A.J. Jett. Norma is a native of Denmark, South...
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...The law is the means by which society strikes a balance between the protection from harm and freedom. Equality before the law therefore suggests a certain degree of accessibility to this balance. Australia allegedly has the lowest rate of domestic violence in the world, however such a statistic fails to recognise the staggering difference in such an accessibility between minority groups such as aboriginals and low socioeconomic families and the mainstream. For equality before the law to be an empty concept, it would have to mean a certain groups accessibility to the law does nothing to eliminate their grievances caused by their socio-economic context. This essay aims to outline the situation of domestic violence as it exists in the modern day, the effectiveness of the current law and government in addressing such issues, effectiveness of the legislation, and the necessity of early interventional education so as to remove t this issue during childhood development. The law, its role and effectiveness Certains sections of the law effectively deal with offenders of domestic violence and recidivism (tendency of a convicted criminal to reoffend) which in turn provides justice for victims of domestic violence. In NSW, s14 of the Crimes (Domestic and Personal Violence) Act 2007...
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