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…...
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References:
Austin, John (1832/1995), The Province of Jurisprudence Determined, W. Rumble (ed.), Cambridge: Cambridge University Press) (first published, 1832).
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…...
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References
Cooperson, M. (2000). Classical Arabic Biography: The Heirs of the Prophets in the Age of Al-Mamun. Cambridge, England: Cambridge University Press. Retrieved November 29, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=105291461
Sachedina, a.A. (1998). The Just Ruler (Al-Sultan Al-Adil) in Shiite Islam: The Comprehensive Authority of the Jurist in Imamite Jurisprudence. New York: Oxford University Press. Retrieved November 29, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=106148856
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.
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…...
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References
Bryson, Lyman, Louis Finkelstein, and R.M. MacIver, eds.(1947) Conflicts of Power in Modern Culture: Seventh Symposium. New York: Harper & Brothers Publishers.
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…...
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References
Berger, V. (2009). Case Law of the European Court of Human Rights. London: Round Hall Press.
El Ouali, A. (2004). Effets juridiques de la sentence internationale: contribution a l'etude de l'execution des normes internationales. Paris: Librairie generale de droit et de jurisprudence.
Emberland, M. (2002). European Convention on Human Rights -- Right of Access to Court -- Sovereign Immunity in Civil Proceedings -- Personal Injury by Armed Forces -- Employment Dispute with Foreign Embassy -- Torture outside the Forum State -- Jus Cogens Limitations on Immunity. American Journal of International Law, 699.
Guillaume, G. (2011). The Use of Precedent by International Judges and Arbitrators.." Journal of International Dispute Settlement, 11(3), 5-23.
eview: Cesare Beccarias , An Essay on Crimes and PunishmentsToday, the U.S. incarcerates more of its citizens than any other industrialized nation, and their confinement is determined by their respective offenses. Although they may not realize it, these individuals owe a significant debt to Cesare Beccarias early work in penology since they are no longer subject to torture and fewer criminals are being executed for capital offenses. To learn more, the purpose of this paper is to provide a review of Cesare Beccaria (1764). An Essay on Crimes and Punishments. This essay is credited with revolutionizing modern penology by advocating for rational, humane, and proportionate punishments. His work emphasized deterrence over retribution, condemned the use of torture and the death penalty, and laid the foundation for criminal justice reforms centered on fairness, legality, and the protection of individual rights, influencing legal systems worldwide. Following the review of the relevant peer-reviewed…...
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ReferencesBeccaria, C. (1764). An Essay on Crimes and Punishments. Online Library of Liberty. Retrieved from J. D. (2019). Torture and Trauma: Why the Death Penalty Is Wrong and Should Be Strictly Prohibited by American and International Law. Washburn Law Journal, 58(1), 1–101.Haney, C. (2016). Exoneration and Wrongful Condemnations: Expanding the Zone of Perceived Injustice in Death Penalty Cases. Golden Gate University Law Review, 37(1), 131–173.Panov, M. (2014). Cesare Beccaria and His the Most Famous and Influential Essay “On Crimes and Punishments” (On the Occasion of 250th Anniversary of the Publication). Law of Ukraine, 9, 226–244.Rahe, P. et al. (2024). On Crimes and Punishments (1764). The U.S. National Constitution Center. Retrieved from https://constitutioncenter.org/the-constitution/historic-document-library/detail/cesare-bonesana-di-beccariaon-crimes-and-punishments-1764 .Sitze, A. (2008). No Mercy. South Atlantic Quarterly, 107(3), 597–608.https://oll.libertyfund.org/ .Bessler,
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…...
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…...
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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…...
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The second most authoritative resource would be the 1990 Kansas Court of Appeals decision, with facts similar to the client's facts, in which the defendant was found guilty of manslaughter (lesser offense). Unless there have been major changes in the legislation or the interpretation of the legislation, such decision would help the court determine how prior courts have decided to interpret the statutes in question. Learning the reasoning behind the 1990 decision would help the court decide why it should choose not to follow the third most authoritative resource, which would be the 1980 Kansas Supreme Court decision, with facts similar to the client's facts, in which the defendant was found guilty of murder. Any state Supreme Court decision interpreting a state statute that has not been overruled would usually be the most authoritative resource; however, the passage of time, and a contrary Court of Appeals decision indicate that the courts have chipped away at the reasoning behind the 1980 case.
In order to support the claim that changing theories of law or views in society account for the differences in the 1980 and 1990 results, I would then turn to the fourth, fifth, and sixth most authoritative resources. The fourth most authoritative resource is the case is the article from American Jurisprudence, 2d, explaining the differences between murder and manslaughter cases. This is authoritative because it attempts to capture the essence of the difference between murder and manslaughter, from the point-of-view of America as a whole. To support the conclusions drawn in the article, I would suggest the fifth most authoritative resource: the 1989 law review article that surveys all of the murder statutes in all the 50 states. Although Kansas can choose to define murder and manslaughter differently than they are defined by other states, it is likely that the court will look at what other states are doing, in order to determine the difference between manslaughter and murder. To shore up that argument, I would provide the sixth most authoritative resource: the Illinois Supreme Court position. Illinois is only one state, and therefore its decision is less authoritative than a survey of the position of the various states. However, due to its proximity to Kansas, what is happening in Illinois may actually be more likely to convince the court than the resources that should be considered more authoritative.
Finally, if there were jurisdictional or procedural l issues or questions, I would present the information from the A 2004 Kansas supreme Court decision on breach of warranty in automobile sales. While a recent state Supreme Court decision would generally be considered more authoritative than the other sources listed, the fact that the decision appears to have little to do with the topic of murder or manslaughter indicates that it is not very authoritative. However, if the client were charged with murder based on a breach of an automobile warranty, or other issue that played a prominent role in the 2004 Kansas Supreme Court decision, I would actually choose to present that decision as the most authoritative.
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…...
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References
Aspen Publishers (Ed.). (2006). Torts: Keyed to Courses Using Franklin, Rabin, and Greens Tort Law and Alternatives. Pg. 22, Aspen Publishers Online. Retrieved from d&as_brr=3&ei=yMGBS7bpIKGEzQTLjpnoBQ&cd=9#v=onepage&q=ybarra%20v.%2 0 spangard&f=falsehttp://books.google.com/books?id=9SXQTVq5duQC&pg=PA22&dq=ybarra+v.+spangar
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,…...
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REFERENCES
1. The Inheritance of Rome, Chris Wickham, (Penguin Books Ltd. 2009)
2. John Adams, by David McCullough, (Simon & Schuster, 2001).
3. Inventing America, by Gary Wills, (1978)
4. The Scottish Invention of America, Democracy and Human Rights, by Robert Munro, et al. (2004, University Press of America.)
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…...
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References
Arrow, Kenneth. 1951. Social choice and individual values. New York: Wiley.
Arrow, Kenneth. 1983. Social choice and justice: Vol. 1 of Collected Papers of Kenneth J. Arrow. Cambridge, MA: The Belknap Press of the Harvard University Press.
Becker, Gary. 1976. The economic approach to human behavior. Chicago: The University of Chicago Press.
Hopfl, H.M. 1978. From savage to Scotsman: Conjectural history in the Scottish enlightenment. Journal of British Studies 17:19 -- 40.
Miranda rights, enshrined in the landmark 1966 Supreme Court decision Miranda v. Arizona, have played a pivotal role in safeguarding the rights of individuals accused of crimes. This essay will explore various topic ideas related to Miranda rights, examining their historical significance, legal implications, and impact on criminal justice.
Historical Evolution
The development of Miranda rights: Tracing the legal precedents that led to the Miranda decision. The impact of the Warren Court: The role of the Supreme Court under Chief Justice Earl Warren in expanding Miranda protections. Miranda in the context of other constitutional amendments:....
The Evolution of Marriage Law and the Recognition of Same-Sex Relationships The Impact of Obergefell v. Hodges and Subsequent Legal Precedents on Same-Sex Marriage The Role of Judicial Activism in Same-Sex Marriage Jurisprudence Comparative Analysis of Same-Sex Marriage Laws in Different Countries
Social and Cultural Impacts
The Transformation of Family Structures and Kinship Relations The Impact of Same-Sex Marriage on Children and Their Well-being The Role of Religion in Shaping Public Opinion on Same-Sex Marriage The LGBTQ+ Rights Movement and Its Advocacy for Marriage Equality
Ancient civilizations (e.g., Egypt, Greece, Rome) used capital punishment for severe crimes to deter crime and maintain societal order. In the Middle Ages, the death penalty was commonly applied for a range of offenses, including treason, murder, and heresy. Colonization and early American jurisprudence heavily influenced by European traditions, resulting in the adoption of capital punishment for various crimes.
Against the Death Penalty:
Enlightenment thinkers like Cesare Beccaria argued against capital punishment, emphasizing its potential for injustice and its ineffective deterrent value. The 18th and 19th centuries witnessed a gradual decline in the use of the....
Due process, a fundamental principle of American jurisprudence, has undergone significant evolution since its inception. Its origins can be traced back to the Magna Carta, signed in 1215, which established the concept of "the law of the land." This principle implied that no one could be deprived of life, liberty, or property without due process.
Early Formulations
In the United States, due process protections were incorporated into the Fifth and Fourteenth Amendments to the Constitution. The Fifth Amendment secures individuals against being "deprived of life, liberty, or property, without due process of law." The Fourteenth Amendment....
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