...Individual Paper Alexander C. Garcia LAW/ 421 February 24, 2014 Professor Paget Sanders Individual Paper According to Melvin (2011), “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (p. 4). Law or rules between individuals in a business or society have influence on laws such as contract law, tort law and property law. An example of rules that limit the reach of the government and provide rights to an individual are the Bills of Rights and the U.S. and the state constitutions. Both the laws between individuals in a society and the individuals in a business exercise their constitution and Bill of Rights in order to create fairness between the government and rights of the people. Now the rules or laws imposed by government that restrict individuals is criminal law, tax law and traffic law etc. These rules and laws that restrict individuals help to keep some order and power within the government to do what is right universally to create a powerful and stable business or society. The functions and role of law come from many past centuries of historical morals and justice. These ideas and morals that modern society use today derive from natural law, positivist school, historical school and legal realism. Natural law is a universal law applicable to all human beings, which transcends time and geography. The source of this can be God, religious teaching, morality or a conscience. Aristotle, a Greek philosopher,...
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... The goal of comparative studies is to extend a person’s knowledge of people and cultures beyond his or her own groups. Some comparative scholars have a better understanding of their own society and of ways that society might be improved. When thinking about research in comparative justice, there are two questions that we should ask ourselves; what is it that we want to compare? What are the strategies of comparison or the perspectives of comparison? There are issues and problems that when comparing you have to deal with both internal and external to the system of criminal justice. There are multiple perspectives that are to be used: historical, systematic, relativistic, and cultural perspectives. First is the Historical perspective, which is the perspective of understanding the history and the evolution of criminal justice. Before the rise of the nation states in the nineteenth and twentieth centuries, most of the world societies were ruled for centuries by different monarchies, kingdoms, and colonial powers. China, Asia, Africa, and Latin America, all had some kind of historical or traditional law. As for China they were under a traditional law that demanded that any offender must confess and voluntarily surrender. But this somewhat changed when the Qing law was reinforced, this caused the obligations to change by making provisions for alternative sentencing for those who surrendered and by lengthening the limitations of time to surrender. But a short...
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...Lisa Bryant CJS/250 Check Point Week One: Historical Laws and Security Jenelle Velarde May 7, 2014 When it comes to historical laws and security, I have found that we tend to have the same kind of laws that they did back in time. However they also maybe revised to meet today’s society. We will be talking about six different historical laws which are The Code of Hammurabi, Draco’s Law, and Law of the Twelve Tables, Justinian Code, Magna Carta, and Statute of Westminster. The Law Code of Hammurabi (1750 B.C.) created by King Hammurabi, which was discovered in 1901. Also the quote “an eye for an eye” symbolizes the Hammurabi code. Which consist with the crimes that we have that gets disobeyed such as: slavery, marriage, theft, debts and commerce. Second law that I would like to tell a little about would be Draco’s law. Draco’s Law (621 B.C.) was named by the Greek citizen who they chosen to write the laws for Athens. Which consist of the death penalty, when someone has stolen anything from someone or murder someone Draco’s Law was given. Law of the twelve tables (450 B.C.) includes ten laws, then two more added later on. Law of the twelve tables came from ten men that were from Roman was given the power to write the laws. Which help form public and private laws foundation? Along helping to organize the prosecution where the victims could seek justice on whatever the person on trial done to them. However the law didn’t allow interclass marriages, severe punished...
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...In this paper, I’ll be discussing different topics that revolve around the 1865-1900 time period. I will discuss two major historical turning points during this period. I will discuss the impact of the two major historical turning points on America’s society, economy, politics, and culture. I’ll discuss some possible ways the Reconstruction period may have turned out differently if President Lincoln hadn’t been assassinated. I’ll explain how industrialization and urbanization affected the average working American during this time. Last, I’ll touch on how the federal and/or state governments handed down decisions or passed laws during this period that served to discriminate against non-white citizens and immigrants. The assassination of President Lincoln was a large historical turning point during this time period. After Lincoln’s assassination, Andrew Johnson took office. President Johnson was a Democratic Unionist who was originally from the South. Many considered him an insecure man looking for approval from the South’s planter aristocracy (Shultz, 2012, p. 278). Due to this, Johnson and the Radical Republicans who held a lot of power in Congress were constantly at odds. During the Radical Republicans reign, they were able to pass several laws which often overrode the Presidents veto. If President Lincoln hadn’t been assassinated, the Reconstruction may have turned out differently. Many believe that Lincoln would have done more to help the economy of the southern states...
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...Ryan Smith Anth 204-500 Dr. Graf 10/10/15 The Politics of Culture: How societies are influenced How a modern society perceives itself and other societies is directly correlated with its historical past. The way government, politics, and culture reacts to prejudice, war, and controversy, all ties to past events that molded into a sense of nationalism and tolerance of other societies. As history changes overtime our views of ourselves and others also change, creating our societies “narratives of origin” (Moscovici, 1988). A fundamental representation of our nation’s origin and aspirations are influenced by the changing circumstances, which guides modern society’s response to new challenges. Change in civilizations is sparked from societal wrongs that cause a civil up-roar. Court cases provide the best historical evidence of how the past can redefine present culture. Since the civil war, African Americans role within the nation has changed drastically from a slave to the President of the United States. Monumental cases like Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. Board of Education, along with mass protests across the United States; all influenced the civil rights of African Americans. Another case that shaped our civilization was from the Triangle Shirtwaist Factory fire. Due to negligence of the factory owners, Max Blanck and Isaac Harris, one hundred and forty-five people died in a factory fire because of inaccessibility to fire escapes. This devastation sparked...
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...ANALYTICAL JURISPRUDENCE (LEGAL POSITIVISM) Synopsis: (i) Socio-economic and historical context on which it arose. (ii) Positivism in Philosophy – the important founder Augustine Cômte. (iii) Its expression in Law – Analytical Legal Positivism. (a) Different aspects of Legal Positivism (b) John Austin (c) Neo-Positivist Trends (aa) Hart’s Concept (bb) Linguistic Trend (iv) Kelsen’s Pure Theory of Law (v) General Appraisal and Critique (1) Socio-economic and historical context Just before 1848 Revolution, Marx says in the development of Bourgeois class there are 2 phases to distinguish: (i) One which constitutes support Absolute Monarchy (ii) The one which constitutes itself as class, overthrows Feudalism and it establishes its own political rule (Bourgeois Rule) The 1st phase lasted for 3 centuries from 16th C – 18th C The 2nd phase roughly from 1780’s to 1840’s. Actually 1789-1848 is called the Ag of Revolution. During the 1st phase, when it is still constituting itself – their philosophical spokesmen are found in NL school – i.e. Hobbes, Locke etc. – Notion of Justice and equality show the core they argue for change against status quo. The philosophy is metaphysical but revolutionary because it is fighting for change against the status quo. 2nd Phase: The triumph/victory of the Bourgeoisie. In this phase – consolidation of the Bourgeoisie clan at the political level - this found expression in the French Revolution 1789...
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...However, this thesis considers how the role of the independent judiciary, the rule of law, and the constitution are requirements for democratic consolidation in democratizing countries – yet, they are ultimately cultural constructions of the society in which they are formed. Challenges to judicial independence are also examined. In this regard, civil and political societies, the rule of law, and constitutionalism are interrelated and may produce different results. Furthermore,...
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...political society may be expressed concisely thus : ‘If a determinate human superior not in a habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society: and the society (including the superior) is a society political and independent’. Laws are defined simply as the command of a superior to an inferior. In Austin’s words : ‘Law is the aggregate of rules set by men as politically superior, or sovereign, to men as political subject’. The chief reason for the bulk of a given society rendering habitual obedience to a determinate human superior is the power it possesses ‘to put compulsion without limit on subjects or fellow subjects’. As to what is the core nature of law, Austin's answer is that laws (“properly so called”) are commands of a sovereign. He clarifies the concept of positive law (that is, man-made law) by analyzing the constituent concepts of his definition, and by distinguishing law from other concepts that are similar: • “Commands” involve an expressed wish that something be done, combined with a willingness and ability to impose “an evil” if that wish is not complied with. • Rules are general commands (applying generally to a class), as contrasted with specific or individual commands (“drink wine today” or “John Major must drink wine”). • Positive law consists of those commands laid down by a sovereign (or its agents), to be contrasted to other law-givers...
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...47LLB14 Synopsis Property Law Women's Right to Property under Hindu law: A Legal Analysis Introduction:- In India, it is no doubt that a woman is seen as pristine, pious and worshipped on one hand but on the other hand she faces discrimination against her gender identity and victimized by the societal norms created in male dominant society. She never got the legitimate place and never enjoyed a respected position in the society even after all the civilization and societal revolutions. Male superiority is still a legitimate concern for any society and adverse conditions for women are still widely prevalent. The emancipation of women and the accomplishment of full balance between genders should dependably be the essential goal of society. Such denial cannot be justified on any grounds – political, moral or legal and not even biological. If we look through the ancient Hindu Society, a woman did not enjoy any reasonable social status and looked upon as a dependent with hardly any property rights. Under the old Mitakshara Law, the son attains an interest and right in the family property on birth. According to this school, a son, grandson, and a great grandson constitute a class of coparceners, based on births in family. No female is a member of the coparcenary in Mitakshara Law. The constitution of India guarantees equality of opportunity and equal status to both men and women citizen. Since article 14 of the Constitution enshrines “equality before law” and article 15 prohibits...
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...Conflict of Morals: God’s Principles vs. Colonist Values History 202 Dr. Dawn Dyer October 17, 2013 Word Count: 1527 The Puritans and Quakers both are viewed historically as religiously significant people who aspired to make religion the forefront of their lives. Both had high standards to live by, with the one main goal being to establish their own religious principles based on the way they sought fit to honor God. It seems clear that both the Puritans and the Quakers desired a society of discipline in both religious practice and principle. Less clear, however, are the difficulties both had to maintain the discipline to live up to their high standards. Evidence suggests that important beliefs, attitudes, and behavior of the colonists conflicted with both societies’ religious ideals: many of which are presented in John Winthrop’s A Model of Christian Charity. The beliefs of the Puritans initially were toward the carrying out of God’s responsibilities, but eventually faced a conflict. The Puritans did not break with the Church of England, but instead sought to reform it. Aboard the Arbella, John Winthrop had written a sermon that pointed out their Christian duties and obligations. If they fulfilled their duties and obligations, they would be blessed; if not, they would be punished. Winthrop stated that the Lord expected a strict performance of the articles of the covenant.1 If they neglected the articles, the Lord would break out in wrath.2 The Puritans faced an enormous...
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...to understand the ultimate goal of such an act as well as to define what dictates laws to be just or unjust. Is the ultimate goal the need for power and/or the need for peace? How does one decide what dictates just or unjust laws. Is it conscience alone, moral conviction or just a blatant abuse of power? The concept of morality in its goal either way, must be questioned. The moral divide that can occur in fighting a cause is full of variables. The division between the moral convictions of one’s conscience can collide with man’s law and injustice. One constant variable will always remain, and that, is the pursuit of one’s ultimate goal. “A simplistic definition of civil disobedience provides...
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...company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics and Objectives Week One: The Criminal Justice System 1 * Define crime and its relationship to law. * Describe the two most common models of how society determines which acts are criminal. * Identify choice theories of crime and their underlying assumptions. * Identify instruments for measuring crime. Week Two: The Criminal Justice System * Describe...
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...Muslim and non-Muslim societies today? The relationship between Muslim and non-Muslim societies today is a complicated one, and is deeply rooted in historical conflicts surrounding both cultural and religious difference. Huntington and Mottahedeh, scholars in the study of civilization anomalies, offer historical examples and descriptions that help to illuminate the relationship between two very distinct ideologies. It is helpful to first understand Huntington’s characterization of “civilization” as a cultural entity. He says that “It is defined both by common objective elements, such as language, history, religion, customs, institutions, and by the subjective self-identification of people (1993)”. Today, Western, non-Muslim societies have had a noticeable impact on Muslim societies. Although Huntington claims that “western ideas of free markets often have little resonance in Islamic (culture) (1993)”, Mottahedeh challenges this idea by offering examples of at least six Islamic Middle Eastern countries with existing free market economies. Additionally, he provides insight regarding the traditionally anti-Islamist idea of the right of women to vote. Although Muslim conservatives who are proponents for the reintroduction of Islamic Law may not fully support enfranchisement of women, this element of Western colonialism has become too much of the “norm”. Therefore, there are currently several similarities between both Muslim and non-Muslim societies, but cultural differences...
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...rejecting miracles. Hume defined miracles as a ‘violation of the laws of nature’, he believed that the laws of nature were set in stone, through the use of a posteriori knowledge Hume identified them as being universal and unchanging. Hume observed that some Biblical miracles, such as Jesus walking on water, violated those laws of nature. He then went on to identify the probability that a violation of these laws could occur, Hume argued that if the probability of an event occurring was low then there was little chance that the miracle had actually occurred. This would be true in the event of a baby falling from a 3rd floor window and escaping unscathed, the probability of this happening is extremely low thus Hume would state that a report of it happening was false and it probably did not happen. Through using the principle of probability a miraculous event should be labelled as a miracle only where it would be unbelievable for it to be anything less. Upon following this principle it is less likely that the testimony is false than the miracle occurred should you have a prior belief, however if you do not believe in a deity and the probability of a miracle occurring then the miracles happening is less likely than the testimony being false. This argument used by Hume is not an effective argument as there are cases in which the laws of nature have been broken. WASP-18b is a planet that does not have the same laws of nature, if Hume’s definition of a miracle is to be used when looking...
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...People tend to criticize USA for always defending itself, As I was reading an article in Yahoo.news.com. International society (vs. int'l system): both are side by side however, states can be members of the international system but not the same international society. In an international society, Hedley Bull stated that states share a certain common interest that can lead to a common set of rules. For Bull any type of society needs to have rules about restraints on the use of force, about the sanctity of agreements, and about property rights. Without elements of these three there would be no society. International society involves mutual obligations between states and the international system considers contact and interactions between states. States can be part of the same international system but not part of international society o Example: Persians and the Greeks o Example: Ottoman Empire and Turkey Domestic pre-conditions for society exist and cooperate is: 1. Placing constraints on violence 2. Respect for property 3. Ensuring agreements International Pre-conditions for International society to exist and cooperate is: 1. Placing limitations and rules on the use of force a state can use 2. Respect of borders and territories 3. Agreements being becomes translated into Treaties Institutions of International Society: 1) balance of power: its IR’s main concern. The English school says that we should think of if as state of affairs. A...
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