...sumarization of r v brown( key point of arguments used by the five judges) Question certified by COA "Where A wounds or assaults B occasioning him actual bodily harm in the course of a sado-masochistic encounter, does the prosecution have to prove lack of consent on the part of B before they can - 1 - establish A's guilt under section 20 and section 47 of the 1861, Offences Against the Person Act?" Lord templement In Reg. v. Coney (1882) Cave J "The true view is, I think, that a blow struck in anger, or which is likely or is intended to do corporal hurt, is an assault, but that a blow struck in sport, and not likely nor intended to cause bodily harm, is not an assault, and that an assault being a breach of the peace and unlawful, the consent of the person struck is immaterial." Stephen J "When one person is indicted for inflicting personal injury upon another, the consent of the person who sustains the injury is no defence to the person who inflicts the injury, if the injury is of such a nature, or is inflicted under such circumstances, that its infliction is injurious to the public as well as to the person injured. But the injuries given and received in prize-fights are injurious to the public, both because it is against the public interest that the lives and the health of the combatants should be endangered by blows, and because prize-fights are disorderly exhibitions, mischievous on many obvious grounds. Therefore the consent of the parties to the blows which...
Words: 8011 - Pages: 33
...Henrietta Lacks as well explain the issues of tissue collection. Tissue collection causes lots of issue like the arguments of ownership, privacy, consent, and compensation. Tissue collection causes arguments over ownership. People tend to have a strong sense of ownership when it comes to their body. One main and important point in the debate over ownership of human biological materials Scientist feared that if tissue samples including blood cells were considered patients property then researches taking them without getting consent would be charged with theft, which would “create chaos for researchers”. They were worried that “patients would block the progress of science by holding out for excessive profits” which could possibly happen. When tissue are a part of your body they are clearly yours but when they are taken away from your body things get questionable, because of this it causes an issue in tissue collection...
Words: 519 - Pages: 3
...discussed were those of which about the state of nature, the types of power, property, and the social contract (consent.) 2. In the last few chapters Locke seems to be a little more open to the natural rights of the people. 3. Locke argues that all people shall abide by the natural rights that are placed within a society. 4. In my perception it looks as if the people have more rights later on then they were granted earlier. 5. Locke raises two objections and they are; 1. Has this happened before and were all born under government so when do I give my consent? Paternal Power & Absolute Power 1. Mother – They are typically seen as weaker individuals in the commonwealth of the family thus they grant the...
Words: 770 - Pages: 4
...Spooner’s and Jean-Jacques Rousseau’s writings and analyzing Spooner’s argument and the principals that derived it, I believe that if they were alive today they would not agree with Spooner’s claim that the Constitution has no authority. Spooner’s entire career was based on an opposition to the governing’s rules and regulations; beginning with the fact that he did not even follow...
Words: 821 - Pages: 4
...ENFORCEABILITY UNDER COMMON LAW AND UNIVERSAL COMMERCIAL CODE (UCC) Student Name: Michael Shepard Course Name and Number: Business 670: Legal Environment of Business Instructor: Dr. Leah Westerman Submission Date: April 20, 2015 Abstract This article will define the five elements needed to form an enforceable contract under common law and the Uniform Commercial Code (UCC). It will describe which types of contracts come under common law and under UCC. It examines one hypothetical, non-competitive agreement between a Chef and an employer (namely, Fabulous Hotel) in terms of enforceability and whether common law or UCC need to be applied to the specific case. The contract in question requires Chef to not become employed at any other dining establishment in the same metropolitan area for a period of two years after separation of employment with Fabulous Hotel. The article shows under four possible conditions in which the contract may become unenforceable. It concludes with reinforcement of contractual elemental requirements and suggests more appropriate contract formation provisions in serving best interest of both parties under common law and UCC. Five Elements of a Contract The five elements needed to form a viable contract are: offer by one party to another or many, acceptance by the offered party, consideration (usually in the form of remunerative compensation for accepted offer) in exchange for accepted offer, legal capacity, and consent. Judges look...
Words: 2736 - Pages: 11
...Political Obligation First published Tue Apr 17, 2007; substantive revision Fri Apr 30, 2010 To have a political obligation is to have a moral duty to obey the laws of one's country or state. On that point there is almost complete agreement among political philosophers. But how does one acquire such an obligation, and how many people have really done what is necessary to acquire it? Or is political obligation more a matter of being than of doing — that is, of simply being a member of the country or state in question? To those questions many answers have been given, and none now commands widespread assent. Indeed, a number of contemporary political philosophers deny that a satisfactory theory of political obligation either has been or can be devised. Others, however, continue to believe that there is a solution to what is commonly called “the problem of political obligation,” and they are presently engaged in lively debate not only with the skeptics but also with one another on the question of which theory, if any, provides the solution to the problem. Whether political obligation is the central or fundamental problem of political philosophy, as some have maintained (e.g., McPherson), may well be doubted. There is no doubt, however, that the history of political thought is replete with attempts to provide a satisfactory account of political obligation, from the time of Socrates to the present. These attempts have become increasingly sophisticated in recent years, but they have...
Words: 12818 - Pages: 52
...HLAD 5337-VC01 Health Care Law Fall 2015 Professor: Dr. Lloyd L. Cannedy, Ph.D. Book Review of “The Immortal Life of Henriettta Lack” Student: Abraham S Lincoln “Henrietta Lacks, a young black mother of five children, entered the colored ward of The Johns Hopkins Hospital to begin treatment for an extremely aggressive strain of cervical cancer. As she lay on the operating table, a sample of her cancerous cervical tissue was taken without her knowledge or consent and given to Dr. George Gey, the head of tissue research. Gey was conducting experiments in an attempt to create an immortal line of human cells that could be used in medical research. Those cells, he hoped, would allow scientists to unlock the mysteries of cancer, and eventually lead to a cure for the disease. Until this point, all of Gey’s attempts to grow a human cell line had ended in failure, but Henrietta’s cells were different; they never died.” (USF 2013-14 Common Reader, The immortal Life of Henrietta Lacks, Pg1) The cells, called HeLa, became one of the most important tools in medical research, vital for developing the polio vaccine, cloning, gene mapping, and more. Less than a year after her initial diagnosis, Henrietta’s cancer was too much for her to bare, and the cancer took over her body. Because of her poverty she was buried in an unmarked grave on her family’s land. She was only thirty-one years old. Her family never knew, at that time that a portion small piece of Henrietta was still living...
Words: 2817 - Pages: 12
...philosophy. He became interested in why people allowed themselves to be ruled and what type of government would be best for England. Hobbes had a pessimistic view of people. His view was that humans were mean creatures who would do anything to better their positions. Also that people could not be trusted to make decisions on their own and a country needed an authority figure to provide direction and leadership. Therefore, he believed in monarchy- a government that gave all power to a king or queen. He said that democracy would never work because people were only interested in promoting their own self-interests. Despite this doubt of democracy, he believed that a contrasting group of representatives presenting the problems of the common person would prevent a king from being unfair and cruel. Hobbes originates the phrase 'Voice of the people' meaning one person could be chosen to represent a group with similar views. Legitimacy of government Hobbes was a dedicated materialist. The views that got him in trouble were related to this, as Hobbes claimed to believe in God, but believed that since only the material universe existed, God must be a material being, just one with great powers. Hobbes sought legitimacy for government not founded in religion, because his sort of religion wasn't what most Christians would regard as Christianity. He also saw that a new source of legitimacy for the state was needed, because kings and priests...
Words: 1136 - Pages: 5
...instituted among Men, deriving their just powers from the consent of the governed." In the course of deciding how the government receives its powers from the governed the choice is given, let the people legislate, or let the government legislate with permission from the people. The reasonable choice would be to let the one's versed in law, being the government, make the decisions. In his response titled "Brexit Vote Showed How a Referendum Can Reflect a Nation’s True Feelings," Richard Ekins discusses the referendum that lead to the United Kingdom leaving the European Union, or as the media called it, the Brexit. To represent his general...
Words: 1204 - Pages: 5
...Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently Dangerous Felony b. Merger Doctrine c. In furtherance of Felony IV. Rape A. Mens Rea and role of mistake 1. B. Actus Reus 1. Subjective 2. FRR 3. No Means No 4. Affirmatively Expressed Consent V. Inchoate A. Attempt 1. CL a. Mens Rea i. Intent to commit attempt...
Words: 17656 - Pages: 71
...Sabrina VanDerwarker Elisabeth Rutledge English 1302_71 25 November 2014 Researched Argument Audience Analysis: Abortion 1. Who is your audience? What is the name of the person or group for whom you are writing this argument? Why have you chosen this person or group as your target audience? Why will your argument have exigence for your audience? My audience would be to pregnant women. I have chosen my audience to be pregnant women because women who get pregnant are often asked if they know all their options. 2. How open is your audience to your argument? Is it undecided or hostile? Keep in mind that the more hostile your audience is, the more time you will need to spend establishing common ground between you and your audience. My audience would have to be more towards hostile because abortion is a sensitive subject to some people. 3. How will you organize your argument to accommodate your audience’s level of openness to your position? Will your argument have a classical structure? Will it have a Rogerian structure? Will you be presenting your reasons and evidence before directly stating your thesis? Why, based on your knowledge of your audience, will your argument have the organization you will be using? I will give both of the sides of the argument and keep an open mind when presenting both sides. My argument will have a Rogerian structure and my thesis will come after all the evidence is presented. 4. What are your audience's priorities and goals? What...
Words: 3310 - Pages: 14
...to be a traffic violation. The North Carolina Supreme Court stated that, “so long as an officer’s mistake is reasonable, it may give rise to reasonable suspicion (Brief of Petitioner 16)”. They decided that the Fourth Amendment was not violated in this case and they reversed the judgment of the court of appeals. For decades the North Carolina police department has been under the impression that two brake lights are required on a car. Since the state’s court of appeals was the first court to review this statute, the states’ Supreme Court ruled that this stop was lawful because the officer’s belief and actions in this situation were reasonable. The question that consumed the Supreme Court, based off of their conversations from the oral arguments, was if an officer’s mistake of law justifies a traffic stop. The twist in this case is that the good-faith exception, which allows for reasonable mistakes, is not recognized by the state of North Carolina. According to Lawrence Baum, the Supreme Court’s Rule 10 states that writ of certiorari is only granted for “compelling reasons.” He then goes on to list the compelling reasons associated with this Rule which are if there is disagreement between lower courts on a decision, if a state court makes a decision that conflicts with a previous decision, or if a lower court makes a decision regarding an important federal question that conflicts with a prior Supreme Court Decision (Baum 112). There is obviously a disagreement between the North...
Words: 3506 - Pages: 15
...by the same law is discriminatory. The essay seeks to show this using the case of a 14-year-old boy and three girls. From completing the topic, I learn more about statutory rape and the legal age of consent to sex. I learnt that statutory rape was initially meant for protecting girls from older male advances. However, with the advocacy of equal rights for both sexes, all children must be protected. During the research, I encountered several problems especially with finding relevant sources for information. Most scholarly articles addressed statutory laws without considering discrimination of boys. Therefore, finding the relation between statutory rape and discrimination of boys was challenging. Additionally it was hard to find materials relating to young boys since most statutory rape cases focused on older mature offenders with minors. I enjoyed learning about the statutory law and its consideration for boys in the current are. In addition, I enjoyed learning about the arguments posed by both sides, despite supporting the claim that it discriminated boys. The topic was interesting and enjoyable as well. What made me decide to write about this particular topic is its uniqueness. Despite statutory law being common, the discrimination issue on boys was not very common among college essays. Additionally, it was an enjoyable topic to learn and new to me. Currently, there is nothing else to learn about the essay before reading it....
Words: 2155 - Pages: 9
...must balance separable individual rights with the community virtuous otherwise, general well-being of the good of the people. Whereas, the constitution and the amendment defend the people rights. That allows the authority to pass laws and limits behaviors, as quote in the constitution preamble “establish, insure domestic tranquility, provide for the common defense and promote the general welfare of the country.” The constitution safeguards and limits individuals rights are both considered to be suitable of the rights and safekeeping for everyone, which include in the legislature, the Bill of Right, court decision and the amendment. An event that occurred in my community, was when the government forced people to evacuate from their homes after a storm has crash in that leaves many family in tears. The Constitutional amendment that relates to that situation is the Fourth amendment because, the fourth amendment protected the people from unnecessary search of their homes without a consent from the judge. Which, make the people feel more protected from the government officials rifling through their homes without a warrant. The argument that could be made for or against the government forcing the people to evacuate their home would be that some of the people may be reasonable with the government because, they might believe that the government is showing interest on keeping them safe and protected after the storm. Others, might have another perspective about it because, they might think...
Words: 976 - Pages: 4
... Study Questions Be sure to answer every aspect of the question called for by the question. Make sure that you define key concepts and terms and to support your answers. Try to anticipate objections to what you have to say. 1. Explain the “gratitude,” “consent,” and “fair-play” arguments for political obligation sketched in Plato’s Crito. Explain one advantage that these arguments are said to have over “utilitarian” accounts of political obligation. You must define key terms. 2. Socrates agreed to persuade the State to change its views or to accept its commands. Why does Crito think that Socrates is not obligated to accept his sentence? Why does Socrates disagree with Crito? 3. According to Plato in the Republic, what is the relationship between justice and Happiness? 4. Explain and discuss the analogy hat Plato draws in the Republic between the just state and the just individual. 5. Explain the role of the Guardians in Plato’s just community. How are the Guardians, selected and educated? Why are they separated from the rest of the community? 6. Explain Plato’s divided line analogy in Book Six of the Republic. 7. In the Politics, why does Aristotle reject the view that things should be held in common by citizens in a just state? 8. How does Aristotle define human happiness in the just community? 9. According to Aristotle, when can slavery be justified? 10. What does Aristotle mean when he says: “justice is giving each person his due”? 11.What does Hobbes take...
Words: 609 - Pages: 3
