...Bradley Podorsky, Essay 1, Page 207 question 1, 2 and 3 In this essay I will discuss What Hobbes means by saying that when humans live in a state of war everybody against everybody, there is neither justice or injustice. I will also compare Glaucon’s and Hobbes ideas of justice. I will also discuss whether selfishness is in itself a bad thing. Hobbes imagines that humans started off living in a state of nature in which each person is free to decide for himself what he needs, what he's owed, what's respectful, right, moral, sensible, and also free to decide all of these questions for the behavior of everyone else as well. In this situation where there is no common authority to find resolution these many and serious disputes, Hobbes imagined that the state of nature could easily turn into a “state of war”. Hobbes said in describing this state "No arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death: and the life of man, solitary, poor, nasty, brutish and short” (Rosenstand 206). Hobbes argues that the state of nature is a wretched state of war in which none of our important human ends are dependably achievable. Human nature also affords resources to escape this wretched condition. Hobbes says that once the conflict reaches a life threatening point people will do anything to preserve their own lives, “where every man is enemy to every man” (Rosenstand 206). Hobbes argues that each of us, as a rational being, can see that a war...
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...The purpose of this essay is to discuss the meaning, nature and scope of administrative laws and administrative ethics. In order to achieve this the essay will start by defining the major terms making up the subject, it will further discuss the meaning, nature and scope of administrative laws and administrative ethics. Finally a comprehensive conclusion will be given based on the discussion. There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. In other words, administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies...
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...Discussion Questions of Ethics a) Define ethics & discuss its relationship with normative systems The Meaning of Ethics: Ethics, also known as moral philosophy, is a branch of philosophy concerned with the study of questions of right and wrong and how we ought to live. Ethics involves making moral judgments about what is right or wrong, good or bad. Right and wrong are qualities or moral judgments we assign to actions and conduct. Within the study of ethics, there are three branches: metaethics , concerned with methods, language, logical structure, and the reasoning used in the interpretation of ethical terms, for example, what exactly the term “good” means; normative ethics , concerned with ways of behaving and standards of conduct; and applied ethics , concerned with solving practical moral problems as they arise, particularly in the professions, such as medicine and law. Ethics provides us with a way to make moral choices when we are uncertain about what to do in a situation involving moral issues. In the process of everyday life, moral rules are desirable, not because they express absolute truth but because they are generally reliable guides for normal circumstances. Normative Ethics Normative ethics is fundamental to ethical decision making in the criminal justice system. A central notion in normative ethics is that one’s conduct must take into account moral issues; that is, one should act morally, using reason to decide the proper way of conducting oneself...
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...Certainty in the law is a concept for which the Administration of Justice strives. Judicial precedent promotes certainty in case law while Statutory Interpretation promotes certainty in legislation. Discuss these statements with reference to the principles and rules of Judicial Precedent and Statutory Interpretation. Illustrate your answer by reference to cases. Individuals have different perceptions, and businesses operate in a market-based system, where production is fuelled by profit maximization. Conflict will inevitably arise. Law helps societies maintain social order, which enables individuals to interact, and provides a framework within which businesses operate (Kelly, Holmes and Hayward). The law impacts different aspects of our lives. There are rules to govern property, health, and a range of human activities. Vernon Rich describes laws as “written expressions of the enactment or decree of legitimate governmental authority, which formally define standards of behaviour and provide for punishment by the government for those who disobey” (63). Since the consequences of disobeying laws can be severe, judges and legislators strive for certainty in case law and legislation, to ensure the most just ruling. Although critics argue that judicial precedent and statutory interpretation have limitations, they undoubtedly promote certainty in case law and legislation. Case law, or common law, is law enacted by judges based on decisions made in the cases they...
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...GPR 213: ADMINISTRATIVE LAW GROUP ASSIGNMENT GROUP TWO MODULE 1 NAME | ADMISSION NO. | SIGNATURE | OCHOLA BRIAN ODUODI | G34/3233/2014 | | NASIBI TIMOTHY MURWA | G34/3404/2014 | | KIPINGOR EMMY CHEBET | G34/3308/2014 | | ABDI FARDOSA MUSTAFA | G34/3287/2014 | | WALEKHWA B. STEPHEN | G34/3319/2014 | | CHARLOTTE MUTAI | G34/3331/2014 | | SIKUKU CORNELIUS WANGILA | G34/3392/2014 | | CHABI BRIAN OTIENO | G34/3399/2014 | | WANJALA GILBERT MASINDE | G34/1417/2010 | | MURIMI MARTIN MUCHIRI | G34/3255/2014 | | Question 2:“The courts should draw the limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary...
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...The Assignment BUS 520 Meaning of action: semantic vs pragmatic. The importance of language : How we speak about action; what are the specific circumstances between actors. Language creates new meanings. New linguistic meanings create new possibilities and social realities. And language and action inform each other. Example: the statement “Jump from the window!” can mean many things. The statement can be “reinterpreted in many ways” and “different kinds of actions” are compatible/triggered by that statement, other than the literal interpretation and action that reflects the literal meaning. Semantics views action as propositional sentences. Seen as statements that someone makes to someone about something; they refer to events in the world (mere descriptions of things). Theory of action: from what? To Why? To who? (the agent). Focusing too much on What? and Why? and losing track of Who? (The who? Is ultimately needed for understand action from an ethical perspective.) We need to understand action related to an agent (not just a logical agent but a self). Attribution (of predicates) to a logical subject is not the same as: Ascription to a self where the agent can self-designate himself in the action he performed (or better yet, that he has not yet performed). Imputation (of moral value to an action) is an improvement over attribution but it is not enough. We must distinguish between event vs. action, knowing how vs. knowing that. Action can...
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...DRUGS AND ALCOHOL Introduction The use and misuse of alcohol and other non-prescription drugs is one of the more controversial issues in our society, and often a source of conflict between generations and between sections of society. It’s not the purpose of this page – or of the NTU student counselling service – to tell people how to behave or to seek to label them as alcohol or drug abusers. However alcohol and other drugs are powerful substances with a potential to harm users; we would encourage people to take care of themselves when considering using them and to avoid taking any risks which they might regret later. No universal classifications ignore the fact that significant alcohol and drug use is an accepted part of many social groups. What is seen as risky or inappropriate behaviour by one group is accepted as normal by another. Use of drink and drugs can be classified as – 1. Abstinent – no use is made 2. Controlled – people have made a conscious decision have evaluated the risks and can stop if they want. 3. Impulsive – use is unpredictable and can lead to unexpected accidents and harm. However this is not continual or dependent use. 4. Habitual – the use of alcohol or drugs have become a significant and important part of the person’s lifestyle. Stopping would not be easy. 5. Dependent – there is a high degree of physical and psychological addiction. Alcohol and drug use disrupts or rules the person’s life. Stopping is not possible without considerable support...
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...differences between the two even though Aristotle was a great student of Plato. They each had ideas of how to improve existing societies during their individual lifetimes. It is necessary to look at several areas of each theory to seek the difference in each. Plato’s thoughts on democracy were that it causes the corruption of people through public opinion and creates rulers who do not actually knowhow to rule but only know how to influence the “beast” which is the Demos, the public. Aristotle’s views about democracy hold that democratic office will cause corruption in the people, if the people choose to redistribute the wealth of the rich they will end up destroying the state and since the people have no knowledge about governance when they elect rulers they will err. The “Republic” of Plato created a country with strict hierarchy. It has a rigorous legal system and a sound education system. All public good, servicers and desires are controlled by the country. It has its own advantages such as the idealized organized national order, and discussion of country’s justice and individual’s justice;, but it also has its shortcomings, for instance, the discordance between spiritual pursuit and basic material demand. However, it is an “ideal model”, meaning that people have to doubt if it is feasible in the real world. By contrast, the “Politics” of Aristotle are both entertaining and valuable. It is entertaining because Aristotle said many interesting statements and it are not that...
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...To achieve equal opportunity in employment requires a mix of affirmative action legislation, anti-discrimination legislation and managing diversity approaches. Discuss. Equality is the complicated theory to explain because of the wide variety of meaning attached to concept. Depends on the article of Jewson and Mason’s (1986), they express the equality in liberal and radical approach. In the liberal view, equal opportunity, this exists when all individuals are freely able to compete for social rewards. As Webb (1977) said, the liberal approach which is according to a belief in the rights of the individual to universally possible standards of justice and citizenship. The emphasis is on the individual, for example job selection should be focus on the merit of individual which performs fairly. On the other hand, the radical approach is to achieve not only the equal opportunity, but also the equal outcome. Compare to liberal approach, the focus of the radical approach is not on individuals, but on groups. “The ideal of the radical approach is a situation where every workforce is representative of all the social groups available to it” (Kaler, 2001: 53). For instance, although individual who is the group representative, the principle of selection will not choose the merit alone. To conclude, equality can be theorized in liberal and radical approach. Regard to the complicated conception of equality, to get the equal opportunity in employment which also is a complex and huge progress...
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...the comparison with physical and mental illness lies in the assumed need for the offender to recognize the danger and undesirability of his criminal behavior and make a significant effort to renounce it. The treatment model does not "remove" criminal behavior, as surgery might remove a malignancy or chemotherapy extinguish an infection; rather the "patient" or inmate is made to see the rewards of socially acceptable behavior and encouraged to adopt it as a mode of conduct for himself. (1) Contrary to some popular misconceptions, the treatment ideology does not mean that inmates are "coddled" and permitted to do as they please within an institution. ______________________________ (1) Sanford Bates, "The Establishment and Early Years of the Federal Probation System," Federal Probation 51 June 1987, p : 4-9. - National Advisory Commission on Criminal Justice Standards and Goals, A National Strategy to Reduce Crime, Washington , U.S. Government Printing Office, 1973p: 121. In fact, some form of treatment ideology can permeate the most restrictive and security-oriented institution . The major difference between the treatment and punishment ideologies is that in the former the inmate is assigned to a correctional...
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...HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from the Filomen D’Agostino and Max E. Greenberg...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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...guideline that support our thinking and beliefs along with some rules and regulations that has to be followed to sustain in any business. Ethical issue arises when judging what is right or wrong, when you are provided with many options, when you are judging the impact of your decision, when you are faced with a dilemma, etc. It is a moral value as we learn about ethics from our parents when we are young depending on the culture, tradition, etc. speaking the truth was an ethics taught by my father when I was a kid. I do remember it till today because my moral values that I learned from my father is still with me and it can never change. Many decisions cannot be made by basing on moral values. What might be right for one person may be wrong for the other person as moral values differ among ourselves. Ethics is equally important in business as well as in healthcare management. Healthcare management is managing the healthcare sector by understanding the change so that they can effectively and subsequently meet...
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...concerning the congruence of the Old Testament with the world surrounding it. This chapter discusses the history, methodology, and reasoning behind comparative Old Testament studies. It then concludes with the principles and goals each student should possess as he or she studies the Old Testament. His synopsis of comparative Old Testament studies begins with the resurgence of Egyptian and Mesopotamian archaeological studies during the eighteenth and nineteenth centuries.[1] He then moves on to discuss the impact of Friedrich Delitzsch’s lectures concerning how the writers of the Old Testament borrowed from extrabiblical sources set the stage for many secular ideologies removing the special revelation aspect from the Bible. This allowed two things to take place. First, it brought out the comparative study of the Bible into a critical realm; and second, it made Assyriology, Egyptology, and Hittitology serious academic disciplines which have greatly enhanced modern man’s understanding of these ancient cultures. While Walton discusses several forms of Old Testament study, his opinion favors comparative studies. He starts with explaining the reasoning for sound methodological comparative study and moves on to answer the “why” it should be performed over other studies. In his view, it expands the student’s understanding of four culturally significant areas: language and literature, literary genre, religious practice, and theology. His conclusion provides ten specific...
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...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...
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