Jurisprudence Essays (Examples)

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Jurisprudence
As a theory in law, Jurisprudence involves varying philosophical perceptions about the purposes of law, the legal system and the institutions developed to regulate law. In an effort to understand the basic, fundamental reasoning for law and of legal systems, legal scholars have developed theoretical frameworks within the umbra of jurisprudence. For the purposes of this paper, jurisprudential philosophies will include natural law, legal positivism and constructivist theories of law.

Aristotle, credited as the "father" of natural law, suggested that there exists a natural law, a natural justice in law. Advocating a "golden mean," Aristotle describes the origin, the genesis of morality and a method of virtuous living to achieve happiness. Such hapiness is not generated or maintained by possession of material wealth or by pursuit of carnal pleasures. Instead, according to Aristotle, happiness is a noble pursuit that enables people to live their lives well, despite inevitable hardships and struggles….

but, according to all other fuqah?', it should be transferred to the public treasury, because it belongs to the Muslims. According to Sh-fi
), the Muslims inherit it on the grounds of their being members of the same group (alta s-b); Ab? Han-fa agrees, on the basis of one of the two traditions reported by him (which includes Sh-fi's opinion), although the other tradition grounds it on friendship (muw-l-t), not membership (Abdulhussein Sachedina, 1998, p. 261)."

That al-Shafi'i's legal interpretation - call it Hadith or biography - has withstood the test of time to continue to direct and impact the lives of Muslims, regardless of whether or not the body of legalese was promulgated by Shafi'i or those contemporaries dedicated to his expressions of Hadith, suggests that al-Shafi'i is indeed the most influential jurist in Islamic law since the Prophet Muhammad.

eferences

Cooperson, M. (2000). Classical Arabic Biography: The Heirs of the Prophets….


Johnson v Transportation Agency (1986)

The two above cases both resulted in a broadening of the scopes and protections of the Civil ights Act via jurisprudence. In Johnson v Transportation Agency (1986), a very different result was reached that shows the changing nature and understanding of discrimination and how it work in society. The difference in this case is also directly and explicitly related to the differences in the original plaintiffs in each of these cases. Willie Griggs and Mechelle Vinson were both representatives of groups that traditionally experienced unfavorable discrimination, and both of their cases revolved around contemporary instances of this discrimination. Paul Johnson, however, was not a member of such a group, and this changed the very nature of his suit in the Court's opinion.

Johnson and a female coworker, Diane Joyce, were both employed at the Santa Clara Transportation Agency, and both qualified for promotions to the position of….

Upon becoming a paralegal, I may then begin to make use of the administrative and organizational skills I already possess to enhance my knowledge of the law.
Further, other than my many years of experience in administrative positions, I have the advantage of many years in the military in general. Essentially, the law is a vast set of rules to be applied evenly and fairly across varying cultures. The military acts in many ways the same. In this case, however, soldiers from varying cultures must conform to strict sets of rules to ensure their own safety as well as the safety of other soldiers and civilians, and to protect and defend the very Constitution upon which our Democracy is based. Many years of living by these rules has ingrained in me a respect and understanding of rules and laws that many will never understand or appreciate.

I chose George Washington University….

Dworkin Jurisprudence
PAGES 2 WORDS 648

Dworkin Jurisprudence
The rule of law entails the practical manifestation of our social and philosophical ideals: the rule of law is ideals in action. The rule of law allows public standards to be applied to personal behaviors. The rule of law also requires the proper exercise of power by a governing body. The government enforces the law, but no individual is above the law.

The principles of law include the following. The government must itself ascribe to the law; the governing body is itself subject to the law and must therefore operate with in the parameters of the law. Second, the government's objective is to create and maintain social order and peace through applying rule of law. However, the government must act fairly when enforcing the law. No individual should be punished if he or she is unaware of the rules. Thus, the third principle entails that rule of law must be….

One criticism is that the corporate and business world is more concerned with self-interest rather then ethics and human rights. "Corporate America, upon which much of the burden of economic growth depends, does what is good for itself. Such self-interest has had the effect of barring women from most executive suites and maintaining status quo gender roles...." (Gibelman, 2003. p 22) This is an aspect which, in combination with issues pertaining to reproductive rights and gender equality, has to be addressed in contemporary society.
eferences

Bryson, Lyman, Louis Finkelstein, and .M. MacIver, eds.(1947) Conflicts of Power in Modern Culture: Seventh Symposium. New York: Harper & Brothers Publishers.

Civil ights Act of 1964. etrieved October 29, 2006, at http://en.wikipedia.org/wiki/Civil_ights_Act_of_1964

Devine, C., & Hansen, C.. (1999). Human ights: The Essential eference.

Phoenix: Oryx Press

Feminist jurisprudence: Cornell law School. etrieved October 29, 2006, at http://www.law.cornell.edu/wex/index.php/Feminist_jurisprudence http://www.questia.com/PM.qst?a=o&d=5000646995

Gibelman, M. (2003). So How Far Have We Come? Pestilent and Persistent….

ole of Judges in Human ights Jurisprudence
esearch shows that there is some criticism when it comes to The United Kingdom's Human ights Act 1998 (HA), which combined the European Convention on Human ights into domestic law which was put together to make better the human rights defense for British citizens at home. Previous to the representation of the HA 1998, UK citizens pursued human privileges defense from the European Court of Human ights. (Emberland, 2002). The procedure of engaging to the European Convention on Human ights was both time consuming and expensive (Berger, 2009). It is uncommon for a section of an Act of Parliament to provoke as much anger as s2 does, or for it to be inquired to show such different roles by numerous critics. S2 HA offers that a high court or court of law "determining a question that has ascended in linking with a Convention right….

Moral and Legal Questions of Stem Cell Research
Stem cell research is an experimental, and research-based study as to methods of repairing the human body. y introducing stem cells into a damaged, or degenerating area of the body, the medical profession hopes to prompt the body to regrow healthy tissue, and repair the damage. Degenerative diseases, such as Parkinson's disease, or macular degeneration of a patient's eye retina are conditions in which the healthy tissues cease to function properly. There is no overt damage. There is not a disease which has physically destroyed the affected body part. ut for varying reasons, such as old age, wear and tear, or reasons medical science does not yet understand, the affected body part simply ceases to function properly. Stem cells are the type of cells, which are more numerous in, but not limited to, human embryos. They are the building blocks of the….

Correctional Law
PAGES 8 WORDS 2487

Constitutionality of a Postcard-Only Mail Policy
Postcard-Only Prison Mail Policy

Constitutionality of a Prison Postcard-Only Mail Policy

The Constitutionality of a Prison Postcard-Only Mail Policy

The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.

Issues

The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.

Brief Answer

Based on considerable U.S. Supreme Court jurisprudence, the only issues with….

"
MacCormick expresses a similar argument, although in different terms. According to MacCormick, the law has no natural existence, no set form and no fixed ontology. In fact, according to this line of reasoning, "the law has no natural role because the law is not a brute fact."

Instead, the law is what MacCormick calls a "thought object," similar to the concept of Love presented in the other article. According to MacCormick's thought object, the law only exists because humans believe in it. In other words, the law does not pre-exist our observation but is instead is constituted in that original decision to designate a specific law. As MacCormick states, "Law is constituted as an object of observation by the very act of observation itself."

Since the law exist because of an observation, or a decision that a law is needed, MacCormick essentially agrees with the concept of Love in law in that,….

difficult conflicts anyone in the legal profession can experience is a conflict between ethics and the obligation to zealously represent one's client. No where is this tension more apparent than in a situation where one obtains privileged information belonging to the opposing party. here are three options facing a legal professional confronted with such a situation; using the privileged information without notifying the opposing party how it was obtained, notifying the court and opposing counsel that privileged information has been obtained and that one intends to use it, or not using the privileged information. None of the solutions is perfect, but only one solution allows a paralegal to reconcile ethical obligations with the duty to zealously represent the client; informing the court that privileged information has been obtained and will be used.
If a paralegal uses the privileged information without informing the opposing party of their mistake, the paralegal has….

According to the court's judgment in favor of the plaintiff, no further evidence as to the source of the muscle atrophy in his shoulder and arm, because "the thing itself speaks" when all three components of res ipsa loquitur are satisfied, as they were in the case of Ybarra vs. Spangard. The plaintiff's claim for negligence against his doctors was ultimately successful because (1) arm injuries do not ordinarily occur in an appendectomy operation absent negligent action by the physicians, surgeons, or nurses in attendance during the procedure, (2) the injuries were caused by an agency or instrumentality within the exclusive control of the defendant, as the plaintiff was rendered unconscious during the surgery's preparation period, and (3) the plaintiff never volunteered or submitted to the possibility of her arm being injured when they elected to undergo a surgery in their abdominal region. One of the most interesting aspects….

Origins and Characteristics of the Law and Legal Systems in the U.S.
The Origins and Characteristics of the Law

and Legal Systems in the United States

The origins and characteristics of the law and legal systems of the United States

It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But in order to truly understand the ideas behind these landmark legal documents one must delve deeper into history. What of the texts that influenced America's Founding Fathers? Most may know that the Magna Charta, the English charter from the year 1215, was an influence. But the English weren't the only influential opinion-makers for revolutionary Americans. The Scottish and the French were too. The Scottish Declaration of Arbroath, for example, has been linked by scholars as an influence on Thomas Jefferson,….


The reference to Montesquieu (as well as to Smith) in that part of the 'Dissertation' which deals with the 'Progress of Philosophy during the Seventeenth Century' was made just as a digression, and the further development of Jurisprudence by writers on Political Economy as well as 'the mighty influence which his [Montesquieu's] writings have had on the subsequent history of Scottish literature' (Stewart, 1854) were to be explained in the third Part of the 'Dissertation', which was never to be published.

eform

A major task of the state is thus to ensure that the conditions of economic freedom are in fact satisfied, so far as possible, by sweeping away all legal and institutional impediments to it. Generally speaking, these obstructions can be condensed to four main groups. First, there is the problem that, in all societies subject to a course of evolution, 'Laws frequently continue in force long after the circumstances, which….

Sandra Day O'Conner
PAGES 15 WORDS 4373

Sandra O'Connor
Sandra Day was born on March 26, 1930 in El Paso, Texas to Harry and Ada Mae, owners of the Lazy--Cattle ranch in Southeastern Arizona, where Sandra grew up (United States Supreme Court 2003) as an only child until she was eight. In those early years, her family lived in isolation and with strained resources. The ranch did not have electricity and running water until she was seven years old and their nearest neighbors lived 25 miles away. Her loneliness forced her to make friends with the ranch's cowboys and pets. She read vigorously, learned to drive at seven, could fire rifles and rode horses well. ecause the hardiness of the ranch prevented her from attaining a formal education, her parents sent Sandra to her maternal grandmother in El Paso (U.S. Supreme Court). Her grandmother was Mamie Scott Wilkey.

She went to the Radford School for girls from kindergarten to….

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7 Pages
Term Paper

Business - Law

Jurisprudence as a Theory in Law Jurisprudence

Words: 2009
Length: 7 Pages
Type: Term Paper

Jurisprudence As a theory in law, Jurisprudence involves varying philosophical perceptions about the purposes of law, the legal system and the institutions developed to regulate law. In an effort to…

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6 Pages
Term Paper

Mythology - Religion

Imam Al-Shafi'i in Islamic Jurisprudence

Words: 1735
Length: 6 Pages
Type: Term Paper

but, according to all other fuqah?', it should be transferred to the public treasury, because it belongs to the Muslims. According to Sh-fi ), the Muslims inherit it on…

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8 Pages
Research Proposal

Business - Law

Workplace Discrimination Jurisprudence in Workplace

Words: 2256
Length: 8 Pages
Type: Research Proposal

Johnson v Transportation Agency (1986) The two above cases both resulted in a broadening of the scopes and protections of the Civil ights Act via jurisprudence. In Johnson v Transportation…

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2 Pages
Term Paper

Business - Law

Obtaining a Degree in Jurisprudence

Words: 497
Length: 2 Pages
Type: Term Paper

Upon becoming a paralegal, I may then begin to make use of the administrative and organizational skills I already possess to enhance my knowledge of the law. Further, other…

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2 Pages
Term Paper

Business - Law

Dworkin Jurisprudence

Words: 648
Length: 2 Pages
Type: Term Paper

Dworkin Jurisprudence The rule of law entails the practical manifestation of our social and philosophical ideals: the rule of law is ideals in action. The rule of law allows public…

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5 Pages
Term Paper

Women's Issues - Sexuality

Feminist Jurisprudence Landmark Decisions Relating

Words: 1723
Length: 5 Pages
Type: Term Paper

One criticism is that the corporate and business world is more concerned with self-interest rather then ethics and human rights. "Corporate America, upon which much of the burden…

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7 Pages
Essay

Business - Law

Role of Judges in Human Rights Jurisprudence

Words: 1962
Length: 7 Pages
Type: Essay

ole of Judges in Human ights Jurisprudence esearch shows that there is some criticism when it comes to The United Kingdom's Human ights Act 1998 (HA), which combined the European…

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10 Pages
Term Paper

Business - Law

Moral and Legal Questions of Stem Cell

Words: 3247
Length: 10 Pages
Type: Term Paper

Moral and Legal Questions of Stem Cell Research Stem cell research is an experimental, and research-based study as to methods of repairing the human body. y introducing stem cells…

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8 Pages
Essay

Business - Law

Correctional Law

Words: 2487
Length: 8 Pages
Type: Essay

Constitutionality of a Postcard-Only Mail Policy Postcard-Only Prison Mail Policy Constitutionality of a Prison Postcard-Only Mail Policy The Constitutionality of a Prison Postcard-Only Mail Policy The state Department of Corrections (DOC) has requested…

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2 Pages
Term Paper

Business - Law

Computers by Z Bankowski and

Words: 508
Length: 2 Pages
Type: Term Paper

" MacCormick expresses a similar argument, although in different terms. According to MacCormick, the law has no natural existence, no set form and no fixed ontology. In fact, according to…

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3 Pages
Term Paper

Business - Law

Difficult Conflicts Anyone in the Legal Profession

Words: 1475
Length: 3 Pages
Type: Term Paper

difficult conflicts anyone in the legal profession can experience is a conflict between ethics and the obligation to zealously represent one's client. No where is this tension more…

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4 Pages
Case Study

Business - Law

Ybarra vs Spangard Case Study

Words: 1405
Length: 4 Pages
Type: Case Study

According to the court's judgment in favor of the plaintiff, no further evidence as to the source of the muscle atrophy in his shoulder and arm, because "the…

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9 Pages
Essay

Business - Law

Origins and Characteristics of the Law and Legal Systems of the United States

Words: 2347
Length: 9 Pages
Type: Essay

Origins and Characteristics of the Law and Legal Systems in the U.S. The Origins and Characteristics of the Law and Legal Systems in the United States The origins and characteristics of the…

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10 Pages
Term Paper

Business - Law

Dugald Stewart's Assessment of Adam

Words: 3009
Length: 10 Pages
Type: Term Paper

The reference to Montesquieu (as well as to Smith) in that part of the 'Dissertation' which deals with the 'Progress of Philosophy during the Seventeenth Century' was made just…

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15 Pages
Term Paper

Business - Law

Sandra Day O'Conner

Words: 4373
Length: 15 Pages
Type: Term Paper

Sandra O'Connor Sandra Day was born on March 26, 1930 in El Paso, Texas to Harry and Ada Mae, owners of the Lazy--Cattle ranch in Southeastern Arizona, where Sandra grew…

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