Magna Carta and the Constitution
This study will focus on three sources of concepts from the U.S. Constitution in the text of the Magna Carta. They include religious freedom, the right to a speedy trial and due process of law. The study will also explain the connections between these documents using relevant examples.
The first concept is the right to religious freedom. Under this concept, the first part of the First Amendment of the constitutional bill of right of the U.S. states that the Congress will make no laws based on a religious establishment or prohibition of free exercise of religion. In the first part, the Magna Carta grants powers to God. This is confirmed by its present charter at the Church of England with its full rights and liberties, which is considered entirely free (Dickerson, Flanagan & O'Neill, 2009).
The text of Magna Carta speaks directly to the liberties…… [Read More]
And taxes were to be levied only through the consent of the elected officials. The Magna Carta was different from the Constitution in that the Magna Carta was mainly concerned "…with largely feudal issues that benefited the aristocracy," whereas the Constitution was based on creating fair representation by the people (Arnheim, et al., 2009).
TO: The fairness of the laws is similar in that when the phrase "rule of law" is stated, it just means that no one is above the law. In the case of the U.S. The Constitution it is largely about limiting the powers of government when basic bottom line issues dealing with individual liberties are at stake. In the Magna Carta (Clause 40) it states something very similar: "To no one will we sell, to no one will we refuse or delay right or justice."
THREE: Due process in the U.S. Constitution alludes to the fact…… [Read More]
As a widow, a woman is allowed to have her "marriage portion and inheritance" immediately after her husband's death and will not have to pay a fee to the Crown and the Church. However, the widow can remain in her husband's house for only forty days and "within this period her dower shall be assigned to her." This dower is financial support which originates via the income received from the husband's property during their marriage. Apparently, once this dower is paid to the widow, she must vacate her husband's house and find someplace else to live which then allows other heirs, being males, to take over the property. Certainly, this is a form of blatant discrimination based on sex and gender and is slanted for the financial gain and security of the male heir. In #'s 10 and 11, we find more instances of rampant discrimination. For instance, if a…… [Read More]
Magna Carta does not look like a constitution. In point of fact, it looks like a list of demands issued y hostage-takers, which in some sense it was: some kings are orn constitutional monarchs, and some kings achieve it, ut King John had constitutional monarchy thrust upon him. We must realize that the Magna Carta as a document was not itself written y the head of state -- who was, in 1215 when the document was signed at Runnymede, King John, also known as "John Lackland," the youngest son of Henry II and Eleanor of Aquitaine -- ut in fact this head of state was compelled to issue it y the aristocracy and clergy. This is what makes it such a peculiar document to read: the opening sentence is in the voice of King John, offering "greeting" to "the archishops, ishops, aots, earls, arons, justiciars, foresters, sheriffs, stewards, servants, and…… [Read More]
All persons named in the document were bound by certain obligations to one another, rather than merely subservient to the king's will.
Although the Magna Carta arose from a disagreement between King John, the Pope, and the English nobility, and did not confer rights upon English citizens but merely the English Church and nobility, it is still seen today as significant in the history of English democracy. It limited the ability of the king to exercise executive power over all aspects of government. The Magna Carta established the freedom of the English Church. It established certain rights of the nobility under the rule of law that could not be violated by the king. It formulated the philosophical tradition of common law rights of the nobility in England, which allowed the establishment of the House of Lords and Commons. Thus early on in its history, monarchical government was limited in its…… [Read More]
The barons had hoped to protect their own families and lands, but the document actually came to protect all the English, and was used as a model for the United States Constitution nearly six hundred years later. It is also the foundation document for the British Constitution.
The document also introduced the concept of "majority rule," which would not actually be enforced until much later. The document, written during feudal times, was meant to control the king while ensuring the upper-class barons could retain their station and place in English society. However, because the document was so far-reaching, it remained in effect long after John's death in 1216. John's son, Henry III, reconfirmed the document in 1217, with some slightly different wording. Several other kings continued this tradition, with the 1225 version being the one we know today.
Editors. "The Magna Carta." National Archives & ecords Administration. 2007. 15…… [Read More]
Sustained improvement in the national and regional economies will be critical to improvement in state and local fiscal conditions (Understanding State Budget Troubles, 2003).
Distinguish between rational approaches and incremental approaches budgeting.
The rational approach to budgeting views the budgetary process as a set of logical steps that lead to agency budget decisions based on needs, priorities, plans, goals and objectives. The incremental model of budgeting views the budgetary process as being influenced by past budgeting decisions. Agencies are given a new budget amount based upon what they have been allotted in years past, instead of based upon what they might need for the upcoming and present year (Kettner, Moroney and Martin, n.d.). One approach is always looking backwards while the other is forward thinking in nature.
Kettner, Peter M., Moroney, obert M., and Martin, Lawrence L. (n.d.). Designing and Managing Programs. etrieved July 7, 2009, from…… [Read More]
England faced huge debts and the expense of maintaining a militia in America, after the costly Seven Years' War. The English parliament believed that the colonies should finance a significant portion of their own defense and thus in 1765 levied the first direct tax, the Stamp Act. Nearly every document, such as newspapers, legal writs, licenses, insurance policies, and even playing cards had to include a stamp proving payment of the required taxes. The colonists, like the barons, revolted against this economic control and the fact that they were never asked to vote on these taxes. It simply came down to "taxation without representation." They also disagreed with the condition that anyone who disobeyed could be tried in admiralty courts without a jury of peers.
The colonists condemned the Stamp Act, and when Benjamin Franklin and others in England powerfully argued the American side Parliament quickly repealed the bill. It…… [Read More]
" (Rise of the Commons)
The 14th century was a time when the aristocracy (the Commons in particular) acted on account of their personal interests in addition to acting in accordance with the King's wishes. These individuals gradually started to consider that it was only natural for them to have a word in governing the country and that it was irrational for them to simply accept the King's decisions with regard to taxes. The Parliament thus emerged as a result of people's reluctance to follow the King's laws blindly. The aristocracy played an active role in reestablishing its influence in the country throughout the fourteenth century.
Edward III's last years were less impressive when considering his leadership abilities and the fact that he was largely inactive due to his age and sickness materialized in the masses becoming stronger. The people named Sir Peter de la Mare as a spokesman on…… [Read More]
History U.S. Criminal Justice Systems/Police
It is undeniable that criminal justice and police activities are integral parts of every relatively peaceful nation in the world. ithout the actions and standards set forth by the agencies that "protect and serve" many wrongs would go not only unpunished but possibly unnoticed as well.
The basic purposes of policing in democratic societies are: 1. To prevent and investigate crimes; 2. To apprehend offenders; 3. To help ensure domestic peace and tranquility; and 4. To enforce and support the laws (especially the criminal laws) of the society of which the police are a part." (Schmalleger Chapter 5 Summary)
Though the developmental history of modern policing and criminal justice there have been many changes, changes in focus and standard, and even crime and justice. The very term professionalism has completely evolved across the board, more so in the policing industry than almost anywhere else. A…… [Read More]
" (Paul v. Davis)
The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily to manifest itself in every legally cognizable injury which may have been inflicted by a state official - of any sort, not just a police officer -- acting under "color of law" establishing a violation of the Fifth Amendment as extended to the 50 states by the aforementioned Fourteenth Amendment to the Constitution.
According to the majority, "We think it would come as a great surprise to those who drafted and shepherded the adoption of that Amendment to learn that it worked such a result, and a study of our decisions convinces us they do not support the construction urged by respondent."
Section 4: The Result
Consequently,…… [Read More]
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.
Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]
The problem was: that the distances were much further and many of the different explorers (such as: Columbus) began to seek out other routes to these areas. This led directly to: the colonial ambitions of many European nations and their desire to explore the new world to achieve these objectives. (Willner, 2008, pp. 255 -- 294)
The Role that the Individual will Play in Society
A third development of the Middle Ages, was that the individual is playing a vital role in: matters of government and society. This developed out of frustration that many people were feeling about the different monarchies. As, everyone was expected to follow: the various traditions and the laws that were imposed upon them by the nobility. This became problematic over the years, as this would turn into a sense of anger. At which point, many of these different monarchies faced direct challenges to their power.…… [Read More]
Islam and Human Rights
a Critique of Contemporary Muslim Approaches
The basic objective of this research is note the errors that are committed by Muslims in their argument of human rights in Islam or in other words to explore possible means of formulation of a more coherent alternative expression of values to point out the errors committed by Muslims in their attempt to argue the case of human rights in Islam in the hope that efforts and resources expended in that direction can be derived to a more agreeable end; which is the exploration of possible means of formulating a more coherent alternative expression of values to the so-called "Islamic human rights."
A considerable amount of literature has been produced on these issues by competent Muslim thinkers and scholars but because they either
purposefully or 2) inadvertently chose to follow almost the same style as explored in the Western tradition…… [Read More]
" (New Standard Encyclopedia, 1986) There were two classes of people in ancient Rome, specifically those who were the patricians, or landowners and the plebeians who were poor farmers and those who worked in the city as well as those who had gained citizenship.
III. BEST RESENTATIVE of the GOOD SIDE of ROME
The emperor Marcus Aurelius who is remembered for his excellent form of a working government is stated to have passed away during the year of 180 a.D. during a war with the tribes of the Danube River, who were viscous tribes. The government was broke and the countrymen of Rome were sick from the plagues that had been infecting the land. The son of Marcus Aurelius, Commodus was spoiled and loved pleasure. Under the rule of Commodus, the government was poorly run and the result is that Rome is stated to have fallen into decay.
IV. RULE…… [Read More]
The United Kingdom and Ireland have both enjoyed geographic separation from the continent of Europe, enabling both to develop unique political cultures and institutions. Ireland has been even more removed from the fray, having never been part of the Roman Empire, and systematically resistant to the same invasions that affected England throughout much of their respective histories. However, the proximity between Ireland and England—and later the United Kingdom—has caused the two countries to be “intertwined politically, economically, and culturally for over 800 years,” (The Republic and Politics of the Republic of Ireland 5). British hegemony has generally meant that Irish identity has been largely oppositional in nature. Divergent trends have emerged in the political cultures and institutions of the United Kingdom and Ireland, especially with regards to the relatively power of the Church. Ireland’s political structures, institutions, and cultures have been inevitably influenced by the British system, but the Catholic…… [Read More]
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.
In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…… [Read More]
While I agree with all of the points that Kaimal makes, I was most interested in her examination of the way in which a single writer -- indeed, a single essay -- can have such a dramatic influence on the way in which art is seen. Coomaraswamy's writing seems to me -- admittedly many generations after he wrote it -- to be rather underwhelming, short on substance and long on rather overly elaborate style. His vision of India is startlingly -- given his own biography -- Orientalist and certainly Romantic. His vision of Shiva (and therefore one might guess of India) is in some ways an overly subtle one: By emphasizing the way in which Hindu thought and iconography posits the constant and simultaneous creation-destruction-recreation of the universe, Coomaraswamy is emphasizing the most metaphysical aspects of Hinduism. This is not surprising, not because Hinduism is metaphysical (of course it is…… [Read More]
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…… [Read More]
Again, this is where a multi-national organization, like the UN, can help eliminate this bias to really determine if the practice is a human rights violation.
Human rights has been a concern for societies since ancient times. Today, although many strides have been made, there are still concerns about human rights violations. Thanks to advancements in communication technologies, now the plight of those suffering on the other side of the globe can be acknowledged by others, who in the past would not have known about it. Also, multi-national organizations, such as the UN, have made human rights a priority. Yet, this does not simply give a singular nation carte blanche to intervene when they believe a violation of human rights is occurring. This is due to both State sovereignty and cultural practices. A singular nation cannot make an unbiased decision on whether or not a practice is truly a…… [Read More]
Social ideals and ethics are secondary. As such, if it were most beneficial to the State to commit genocide while conquering another nation, that would be the course of action taken. However, again thanks to increased media coverage, the world and governing bodies such as the U.N. Would not sit idly by. For this reason, this perspective is quickly becoming antiquated. Idealism, in contrast, is on the other end of the international relations spectrum.
Idealism surmises that a State's internal policies should be reflected in their foreign policies -- what they wish to occur within their boundaries is what they should support outside of their boundaries. Followers of idealism live by the Golden un -- Do unto others as you'd have them do unto you. The promotion of human rights globally would be incredibly important, from this perspective, as they too would want to enjoy the benefits of human rights…… [Read More]
3. There is the cessation of suffering (duhkha-nirodha); and 4. There is a path leading to the cessation of suffering (duhkha-nirodha-marga)." (illis)
In Buddha's opinion, suffering (duhka) can be represented through any kind of pain and regardless of its form. The best representation of suffering can be presumably felt when a change from a state of happiness to a state of unhappiness occurs.
The cause of suffering (duhka-samudaya) states that most of the suffering that humans feel is because of their desires. Most humans are inclined to wish for something that they believe would grant them happiness. However, in most cases, the goal set by some might not have the desired effect on them once it has been achieved. In order for people to leave suffering behind, they would need to understand that the human nature does not necessarily depend on granted wishes.
The cessation of suffering (duhka-nirodha) refers directly…… [Read More]
The Court reversed the decision of the United States Court of Appeals for the Second Circuit and remanded the case for dismissal with no prejudice; it overruled the Court of Appeals verdict and prepared the dismissal of the case, allowing Padilla to refile the petition.
Boumediene v. Bush
The Boumediene v. Bush case was a writ of habeas corpus submission made in a civilian court of the United States. Lakhdar Boumediene was a naturalized citizen of Bosnia and Herzegovina. He was held in military imprisonment by the United States at the Guantanamo Bay detention camps (http://jurist.law.pitt.edu/forumy/2007/02/why-boumediene-was-wrongly-decided.php).The case disputed the validity of Boumediene's custody at the Guantanamo Bay military base as well as the constitutionality of the Military Commissions Act (MCA) of 2006.
Majority of the justices brought into being that the constitutionally assured right of habeas corpus review applies to persons held in Guantanamo and to persons labeled as enemy…… [Read More]
The fundamental human rights were in fact the man's rights as covered in these acts.
However, we should consider the fact that, at least in many of the Western countries, the legislative framework, as well as the societal implementation of this, enlarged to include women, often around the end of the 19th century or the beginning of the 20th century. In this sense, although the acts and bills covering fundamental human rights do not de jure include women's rights, de facto the reality has changed so as to adapt to the inclusion of women rights.
This is however not the case for countries in other regions, but usually in these countries defending human rights is a challenge in itself, no matter whether they are men's or women's fundamental rights. A radical change of the framework would really make no actual difference in the way this framework is implemented in some…… [Read More]
hile this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the constitution may be taken away if citizens do not behave lawfully.
The implications of these amendments and the others so similarly worded are indicative of the Classical School of Criminology. Offered as an incentive, the rights encourage rational, but criminally inclined humans to make the rational choice towards the non-criminal action. Because it would be in the humans' self-interest to keep their rights, they are encouraged to choose non-criminal action. Thus, the drafting of the constitution this way suggests that the founders were relying on the Classical School of Criminology when considering human behavior, rational choice, and the desire to keep a lawful society.
Further relying on the Classical…… [Read More]
If one has been "trained" in the ways of poverty, left no opportunity to do other than react to his or her environment, what is needed is a beginning, not repetition. The humanities teach us to think reflectively, to begin, to deal with the new as it occurs to us, to dare. If the multi-generational poor are to make the leap out of poverty, it will require a new kind of thinking -- reflection. And that is a beginning. (O'connell, 2000)
It appears that all students, regardless of class or background, need the foundation of the humanities. There is a tendency with the increase of technology to put more of an emphasis on math and sciences than the arts and humanities. For students to be well rounded, there needs to be a balance of the two.
Edmundson, M. (1997). On the uses of a liberal education: as lite entertainment…… [Read More]
Certainly, the reign of Elizabeth I "was indeed the Golden Age of England," due to her personality, love for her country and the adoration of millions of Englishmen and women, not to mention several foreign kings and rulers who during her lifetime were bitter enemies, but following her death became ardent admirers ("Death of Queen Elizabeth I," Internet).
In 1588, some fifteen years before her death, Elizabeth I gave a speech to her faithful and loyal troops at Tilbury camp, where she arrived "in a great gilded coach and was escorted by 2000 ecstatic troops." James Aske, an eyewitness to this event, describes Elizabeth as "king-like and a sacred general" just before she began to address those in presence with "one of the greatest orations of British history, all the more extraordinary for being delivered at a moment of such trepidation." This speech truly reflects the atmosphere of Elizabeth's reign…… [Read More]
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review during the later part of the nineteenth century, however, by changing the circumstances under which the lack of state court jurisdiction could be found. Even after this shift, federal habeas courts sat not as fact finders but as guarantors of fundamental constitutional rights. (Breuer, 1994)
In 1915, the Court dramatically increased the scope of habeas corpus in Frank v. Mangum, in which the Court held that habeas relief is available whenever the state, "supplying no corrective process,... deprives the accused of his life or liberty without due process of law." The Warren Court continued this shift toward increased availability of habeas corpus in the next phase of habeas litigation after World War…… [Read More]
Two examples of this "Enlightened Despotism" were Catherine the Great of Russia and Frederick the Great of Prussia. They based their monarchial powers, not on the Divine Right of Kings, but upon the need for a strong authoritative government to promote greater welfare within the state. These rulers created greater national standards and regulations that helped the state create a strong political infrastructure that veered away from traditional custom-based doctrine. As a result, Enlightened Absolutism became the norm within European government as monarchs began to systematically create a method to entrench national level reforms that would provoke greater political, economic and social stability.
Ultimately all four of these events are strongly interrelated because they were changes in the mindset of individuals. At the core level however, they were all reactions and extensions of the Reformation movement, which promoted greater individual liberty and free thinking. Absolutism and its evolution led to…… [Read More]
Thomas Aquinas led the move away from the Platonic and Augustinian and toward Aristotelianism and "developed a philosophy of mind by writing that the mind was at birth a tabula rasa ('blank slate') that was given the ability to think and recognize forms or ideas through a divine spark" (Haskins viii). y 1200 there were reasonably accurate Latin translations of the main works of Aristotle, Euclid, Ptolemy, Archimedes, and Galen, that is, of all the intellectually crucial ancient authors except Plato. Also, many of the medieval Arabic and Jewish key texts, such as the main works of Avicenna, Averroes and Maimonides now became available in Latin. During the 13th Century, scholastics expanded the natural philosophy of these texts by commentaries and independent treatises. Notable among these were the works of Robert Grosseteste, Roger acon, John of Sacrobosco, Albertus Magnus, and Duns Scotus. Precursors of the modern scientific method can be…… [Read More]
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK
courts and legislation. The European Court would, with the introduction of a British
Bill of Rights likely give greater leeway to British judges. The repealing of the Human Rights of 18 would limit the influence of British judges over the interpretation of pertinent legislation by enshrining the central features of the Act that reflect the English common law. At the very least, if
British judges feel that acts of Parliament are wholly incompatible with the European
Convention or with EU law.
To be effective as a complete solution to the problems which we have identified above a British Bill of Rights also would need to be accompanied by reforms which reinstate the British
Parliament's role as the sovereign authority over the whole legislative process. This would not be…… [Read More]
Grandparents / Parents
Learning about England
Shops and Church
Dream Come True
Value of Trip
Growing up hearing tales about England instilled in me the strong desire to visit the land of my grandparents but the likelihood of that happening was minimal. My mother and father worked hard to provide for my family but their ever having the ability to send me to England to visit the home of my ancestors was virtually nonexistence. My experiences with the British Isles were limited to my grandparents' recollections and what I was able to read. Neither satisfied my interest but it was all I had and I never missed a chance to learn more.
In the summer between my junior and senior year in high…… [Read More]
In the 19th century, the idea and definition of rights was extended by calls for social and economic rights that came on the tail of rapid industrialization. This new era of rights was based upon the utilitarian idea of obtaining the greatest good for the greatest number of people. This included a discussion of property ownership, both private and common, and the ideas of public of rights and private responsibility (Nuncio).
By the 21st-century, the idea of rights has been transformed into a global political order based on constitutionalism and positive legalism. In a climate that supported the international will to maintain peace, the world's nations largely adopted a single agreement to ensure such rights. This agreement, the United Nation's Universal Declaration of Human Rights, was adopted in December of 1948 (Nuncio). This Declaration included provisions for both rights of nations, and the rights of individuals (Human Rights eb; a…… [Read More]
Acquainted With the Law
Various Law Terms-3
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).
Illegal Insider Trading
This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).
Characteristics of the Inside Information
It must be important and private (Priebe, 2012).…… [Read More]
" (Social Services Policy Center - Britain, 2005)
Further stated is that "Most offenders in the UK are dealt with by non-custodial sentences. Custodial sentences for indictable offences by adults account for less than one sentence in five, while fines cover more than a third of all offences. About a fifth are given intermediate sentences like probation or community service. The Probation Service (in England and Wales) administers supervision in the community, social work in prisons and after-care: their duty is to 'advise, assist and befriend' offenders. Scotland's equivalent is social work with criminal justice, but currently there are moves to pass this responsibility to the Scottish Prison Service." One problem exists in the fact that "the age of criminal responsibility is not uniform throughout the UK; in England and Wales, it is a mere '10' years of age.
Custodial-based options are:
1) Detention centers;
2) Attendance centers; and 3)…… [Read More]
M. Louise Cornell is professor of education at Providence College in Otterburne, Manitoba, Canada. She believes the real influence of the Bible grew out of the Protestant Reformation in the 16th Century. The Bible at that time, according to Cornell, was "wrested" from the hands of the priests and placed in the outstretched arms of lay people during the Reformation, as the Christian mission was becoming a powerful movement (Thiessen, 1998). During the Reformation scholars and Christian activists emphasized that "each person, filled with the Holy Spirit, could interpret the Bible without help," Cornell explains.
But in order to understand the Bible, there was a critical need for literacy. And so many schools were established, Cornell continues in the publication Faith Today, and throughout the Reformation the Bible played a significant role. "By the time of the second generation of Christians," Cornell goes on, "the developing Christian community needed to…… [Read More]
ights of the Accused
The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…… [Read More]
Gothic Cathedrals and Light
From the end of the 12th century for at least two centuries architecture underwent a revolution known as Gothic. Much like classical architecture, changes in building paralleled changes in culture. Gothic works tended to be tall, inspiring, and meant to withstand the ravages of time. Structural improvements were massive, and even though this era only lasted 200 years, it would have a profound effect on any building style from then on. The epitome of the style was, of course, the cathedral, which was meant to convey humanity's communication with God. The technological improvements that allowed arches, high ceilings, and massive glass works were specific to the larger than life view of the Church, and to inspire the peasantry when attending special services (Frankl, 2001).
Gothic art and architecture is a Medieval movement that evolved out of omanesque art, in the mid-12th century, in Europe. It spread…… [Read More]
ights of Accused
One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and controversial provisions entrenched in the American Constitution. The due process provisions were entrenched in the constitution as a means of ensuring that the rights of innocent people are protected against abuses from the federal government. In addition to protecting innocent people from wrong conviction, the due process clauses also provides a balance of disparity in resources between federal and state governments, and the common accused individual.
Origin of the Due Process:
The origin of due process of law can be traced back to 1355 when the phrase developed as a restatement of the 1215 Magna Carta (Johnson, n.d.). During this period, the due process of law was used for the…… [Read More]
What three factors were most important in the development of Parliament as an independent institution with broad political, legislative and financial powers prior to Henry VIII?
Parliament (meaning parler, or 'to talk' in French) came into common use in the mid-thirteenth century (p. 155). It was the term used to refer to the primary meeting of the King and his Great Council. The King typically relied on such assemblies of lords, bishops, earls, barons and abbots for advice regarding major matters that impacted the rights of British citizens. The primary functions of Parliament were to give the King legislative, political, judicial and fiscal counsel at least three times per year.
Parliament was the chief juridical court and open to even everyday freeman by petition. King Edward I is credited with encouraging the petitioning (requesting favor or justice) of Parliament which was a major shift its role and function. Consideration…… [Read More]
Western Civilization proposal, I would like to research Golda Meir. Meir's life is interesting not only in and of itself, but is also remarkable altogether for its astonishing symbolic associations. Meir shows us (as we perhaps already knew) that the historical bias within Western Civilization that stereotypes women as "the weaker sex" has never really been accurate. There is a long history both mythographically and historically which does permit women a role in both warcraft and statecraft: the Classical tradition offers warrior goddesses such as the Greek Athene and the Roman Bellona, while the Old Testament includes enough vignettes of tough and bloodthirsty women, such as Jael, who assassinates the enemy general Sisera by hammering a tent-peg through his skull. Historically there have been a number of female war leaders as well: Boadicea in Roman-era Britain and Zenobia in the Roman-era Middle East both led successful military uprisings against a…… [Read More]
nature of Leonard illiams Levy's Origins of the Bill of Rights is not as simple as it seems, and this is in fact a measure of the strength of the book. e are so accustomed to dividing the world into clear categories - popular fiction on one side, serious scholarship on another, pulp fiction over there in the corner - that we are given pause when we come across a book that cannot be so easily categorized. Our first impulse may in fact be to decided that this means that there is something wrong with such a book, that the author has failed in his (in this case) attempt to produce a particular kind of text.
But a more thoughtful examination of the work suggests that Levy has in fact succeeded doing in what he set out to accomplish, which was to create a work about the Constitution's Bill of…… [Read More]
British Parliamentary System of Government with the United States Federal System of Government
The British Parliamentary system of government is one of the oldest political systems in the world that has evolved over a period of centuries. The British model has influenced the system of governments in many countries of the world including the United States. On the other hand, the U.S. system of government is a Federal system that came into existence when the United States (the former American colonies) rebelled against British rule and declared its independence in the latter part of the eighteenth century, followed by the adoption of its own constitution in 1787. Although having some similarities with the British System of government, the U.S. system of government is unique in several aspects, having its own characteristics. In this paper we shall look at some key features of the two systems of government and compare and…… [Read More]
British constitutional history has largely been a slow and deliberate process of evolution over a period of centuries. The following comments of a political scientist are thus largely true:
Nowhere else has the world witnessed a political evolution so relatively free from great civil commotion. Britain has not had a revolution comparable with the French Revolution of 1798 or the Russian Revolution of 1917. It is true that there have been threats of Revolution and so-called revolutions in Britain, but they did not deflect the main current of political development.
In this essay we shall discuss why the above comments are a reasonably accurate observation of the British political history.
Until the Middle Ages, Britain was a feudal kingdom that gradually transformed into a strong centralized monarchy. The monarchy came into its own in the middle ages and the monarchs felt secure enough in their position to seek the advice…… [Read More]
United tates Jury ystem
In United tates courts, the jury is a system by which, in theory, defendants are given a trial that is fair and unbiased. The ideal is that twelve persons from the same peer group as the defendant will be able to deliberate without prejudice the position of the defense, and the outcome of the trial. In reality however it is often the case that jury members are unable to arrive at a logical and fair conclusion due to several factors beyond their control, including interference from court systems and the law.
The jury system originated in England on June15, 1215 (Arnet). The jury system at this time took the form of a Magna Carta signed by King John. The liberties and rights of the population of England were thus established, among which was the rights pertaining to a jury trial. Individuals were granted to such a…… [Read More]
e., the company) that has technical control over telecommunications networks and thus technical ability to access communications, versus a party that is duly authorized to actually access those communications via a warrant (Mares, 2002). Although, as is consistent with the British model of legal evolution that relies heavily on interpretation of judicial action and precedent rather than overt legislative action, there have been no new statues issued in the intervening decade. The only other guiding document for law enforcement and judicial authorities to rely on regarding interception activity is a Code of Practice that was issued by the Home Secretary in 2002 (Interception of Communications: Code of Practice, 2002). This document provides more detailed procedural guidance and to some extent interpretation of the IPA.
The table below summarizes the key milestones in the evolution of the United Kingdoms' regulatory regime:
Milestones in the Evolution of the United Kingdom egulatory egime…… [Read More]
AMERICA: Frederick Turner vs. Oscar Handlin
America through the lens of Turner was essentially a world that grew out of the frontier. Its ideals, hopes, dreams, and government were fashioned by the frontier -- by the "Wild West" so to speak. Turner's vision of America was one in which the country's character grew up organically out of the pioneer spirit. It had nothing to do with England or Puritanism or the Magna Carta or the Enlightenment. It had everything to do with the rough and ready adventurism of men like Daniel Boone and Lewis and Clark. This lens has shaped the way Americans think of themselves, too. They view themselves as expansionists, always pushing the borders to acquire new territory. True, the anti-Imperialists have voiced their objections throughout the years, by Manifest Destiny and New Expansionism are purely Tunerian ideas just taken beyond the frontier. The whole world becomes open…… [Read More]
The closest thing to a universally-accepted definition of human rights comes from the United Nations High Commissioner for Human ights (OHCH). That body's definition is founded on the principle that human rights are inalienable and universal. That is, they apply to all human beings and that all are entitled to these rights without discrimination. The UN definition also holds that human rights are "interrelated, interdependent and indivisible" (OHCH, 2016). The OHCH cites such rights as the right to work, the right to self-determination, to social security and education, to equality before the law and to freedom of expression (OHCH, 2016). How these broad concepts are to be operationalized is not specified by the OHCH. Indeed, there are some inherent contradictions immediately apparent between the definition set forth by the OHCH and the Universal Declaration of Human ights, the foundational document for the modern neoliberal concept. As an example,…… [Read More]
The word euthanasia originates from the Greek, its root words meaning "good" and "death." This understanding lies at the heart of the concept, which in the modern sense is defined as a person choosing to end their own life. This is not normally taken in the same context as suicide, but rather as a physician-assisted death, so that the person chooses how and when they will die, and that they may do so in a peaceful and painless manner. The term is not usually understood to encompass things like 'do not resuscitate" orders, where a physician is ordered not to save a person, but rather is specifically applied to situations where the person is actively killed, usually through the administration of drugs.
Euthanasia has become a hot button topic of late in the medical community, in particular in the field of medical ethics. In most societies, there are taboos…… [Read More]