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Positive Philosophy in Law
Thomas Aquinas and Hans Kelsen held that the law enforced by human courts is indeed a positive law. Legal philosophers have since come up with a flurry of arguments claiming that positive law must have its source and content. These philosophers were and are of contention that the court's core mandate should be that of harmonizing heterogeneous sources of law into a coherent body of law for ease of administration of justice. Sources of law can be drawn from the ancient Roman law, legislation, custom, precedent and equity, raw materials processed by courts into genuine law, statutes, precedents, and opinions of experts. With regard to content, law should be enforced to administer justice (Murphy, 2005).
This paper seeks to list some factors that a judge in a state's criminal court system would consider before sentencing burglary/theft offenders, people suspected to have committed aggravated battery, or those found in possession of marijuana and prescription painkillers without a prescription.
Before sentencing individuals suspected of engaging in criminal; activities like burglary, aggravated battery, possession of marijuana and prescription painkillers without prescription, I will have to consider factors outside their control. Some of the factors I will look at will be reason, propensity, behavior setting, structural characteristics, resources,...
Criminals are said to engage in antisocial activities because of their desires like gain, security, or respect (Lahey, Moffitt & Caspi, 2003). However, before handing down judgment, I will have to factor in the understanding of the act and the situation. Take for example; an individual who wants a CD player or money believes that he could obtain them by breaking into three houses and stealing electronics and money. He however does not see an act of theft as a way in which he could obtain the above mentioned items. It will be unfair to deliver a blanket judgment on such offenders without factoring in the psychological context or conception and labeling of the facts understood.
As much as criminals may chose to engage in crime by choice, the choices they make are at times an expression of an individual norm or habit, the context within which they operate, and the immediate social situation like the financial and social resources.
Peoples' readiness to react aggressively has been advanced as one of the reasons behind engagement in crime. Unlawful acts like possession of marijuana and engaging in battery are attributed to cognitive and emotional characteristics that determine morality and self-control (Lahey, Moffitt & Caspi, 2003).
The law is very clear on the kind of sentences that should be handed down to individuals found…
References
Lahey, B.B., Moffitt, T.E. & Caspi, A. (2003). Causes of Conduct Disorder and Juvenile
Delinquency. New York: Guilford Press.
Murphy, J.B. (2005). The philosophy of positive law: foundations of jurisprudence. New Haven
Conn.: Yale University Press
Recruitment and Retention For any clinical trials, there are bound to be subjects who volunteer to take part in the trials and in recruiting and working with these subjects, it is important to ensure that they are treated as ethically as possible.it is also important to ensure that the procedure gives the best possible results which reflects the true effect and response from the subjects. Due to the stringent nature
Identity vs. role confusion occurs from age 12 to 16. This is when the individual will discover fidelity, their sexual identity and they will begin to assume social / occupational roles. Intimacy vs. isolation is when the individual learns to have deep feelings of love and will often become parents. This will last from 18 to 30 years old. ("Personality Development," 2012) (Pressley, 2007) Generativity vs. stagnation will last from
Hence, variables that occur outside of the classroom have an impact on the teacher's ability to institute positive behavior support (PBS). That makes it all the more vital that strategies are in place in the classroom designed to deal with all setting events, distant and recent, when possible. Body of Paper -- Distant Setting Events & Antecedents How do antecedents effect the behavior of students? Antecedents have a tendency to either
Positive Class Room Environment Positive Classroom Environment Grade Course This report is about building class room environment for school students. In addition to the general concepts about class room environment, the report focuses on a particular issue and presents its solutions in the light of concepts and practices prevailing in the literature of building class room environment. There is a scenario of school class consisting of students who age is between 12-14 years. It
The paper was then set to focus on determining the reach and effectiveness of marriage interventions. This initiative could be used to understand the effectiveness of marriage therapy as a form of marriage intervention. The study was undertaken on 876 couples who had experienced marital conflict at one point in their marriage. The study was quantitative in nature but was vulnerable to the fact that response from correspondents couldn't be
Objectives During the proposed study's process, the researcher plans to fulfill the following objectives. Objective 1: Address each of the proposed study's research questions during literature review: Examine the effect athletic participation has on student GPAs; Identify the effect athletic participation has on student DC CAS math scores; Determine the effect athletic participation has on student DC CAS English Reading scores; Explore the effect music participation has on student GPAs; Investigate the effect music participation has on