Natural Law Essays (Examples)

Natural Law Theory Is One

A number of people also incorporate religious ideas into natural law theory, even as others submit more commonly to essential moral laws which may or may not be directed by religious reliance (What is Natural Law Theory, 2010).

Laws are derived from a person's right to protect themselves and their property, not from the authority of the state. If law was simply anything the state said, then the notion of the regulation of law and of authenticity could not have the logic that they clearly do have the thought of events being lawful and unlawful would not have the emotional insinuation that it does have (Donald, n.d.) If laws are morally wrong then there should be some considerations given to not obeying them. But consideration should only be given to those that are really morally wrong since the ultimate goal is to protect people's rights to defend themselves and their…… [Read More]

Natural Law Is the Law

On the other hand, an argument may be made that the death penalty is actually in accordance with natural law theory. The basis of natural law theory traces its roots to what humans feel is fundamentally right and wrong (Robinson and Groves 105). Since almost all societies, especially American society, believe killing another human being is wrong, this type of behavior must be stopped. Another fundamental tradition in human history is a punishment system based on the "eye for an eye" principal. If a society's natural law is rooted in this system of equal justice, then employing the death penalty as punishment for murder seems natural. However, there is still the contradiction of killing a human being because society feels that killing another is wrong.

As can be seen, how natural law theory applies to the death penalty varies greatly depending on what one views as being the natural law…… [Read More]

Natural Law and America's Legal

It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God.

The basics of natural law are buried in what is called a conscious. What is moral and pure and good is acceptable as natural law.

The American justice system uses natural law as the blueprint for many of its societal laws. Knowing that stealing is wrong because it is morally distasteful is what drove the law makers to pass laws about stealing and made it a crime.

If one physically harms another, the social conscious of mankind will give rise to an outcry about the moral injustice of the act, which is what provided the background to the forefathers of the country to include such elements in the constitution and the later laws that protect that constitution.

The basics of natural law also include the…… [Read More]

Natural Law in Apology Crito Plato Presents

Natural Law

In Apology Crito, Plato presents Socrates a staunch defender law, sense respect legal orders polity a basic obligation citizenship. What important reasons Socrates position defense Athenian law? If accept Lewis' critique emotional subjectivism (Gaius Titus' position) Abolition Man sound, interpret Socrates' actions result subjective feelings.

Plato's "Apology" and "Crito" and C.S. Lewis' concept of Natural Law:

Where both pagan and Christian philosophies meet in agreement

One of the most striking actions in the history of philosophy was the philosopher Socrates' refusal to escape after being condemned for impiety and corrupting the youth of Athens. Socrates had spent most of his career in the Greek city-state criticizing its democratic system and advocating a dictatorship of philosopher-kings, as chronicled in Plato's recollections of his teacher's musings and methods of questioning (which later became formally known as the Socratic Method). In the "Apology," Socrates clearly established that the accusations against him…… [Read More]

Natural Law for Centuries the Dominant Philosophical

Natural Law

For centuries the dominant philosophical thought on the issue of natural law was dominated by the Catholic Church's theocracy (Gula, 1989). Natural law is the idea that law exists that is set by nature and that therefore it is universally validity (Cochrane, 1857). The first great philosopher to establish the early views on natural law was St. Augustine. St. Augustine's views on natural law were to develop over time into what is now called classic naturalism and were based on the concept that law cannot be fully articulated without some reference to moral notions (Augustine, 2005).

Augustine believed and argued that the laws of nature were dictated by God and therefore were superior to any other form of law. Such laws, as prescribed by God, were universal and timeless and that any man-made laws were valid if, and only if, they were in accordance with the laws of…… [Read More]

Natural Law the Concepts of

So in order for the good to spread and evil to be eradicated, Divine Law had to arbitrate (Thomas Aquinas, 1947).

Conclusion

It is clear that no one can dispute the fact that every creature is born with certain fundamental rights, known as Natural Laws. The concept of Natural laws has triggered a lot of debate in the context of its authentic interpretation. From the aforementioned facts, one can safely assume that correct interpretation of the Natural Laws lies in the guidelines of the Divine Law.

ibliography

Alasdair MacIntyre. Theories of Natural Law in the Culture of Advanced Modernity. ISI ooks; 1st edition. 2000.

Cicero, Laws, in the Great Legal Philosophers. Philadelphia: University of Pennsylvania Press, 1959.

Nicomachean Aristotle. Ethics. Indianapolis, Indiana: Hackett Publishing Company, 1985.

Natural Law. Taken at http://www.answers.com/topic/natural-right.

Robert P. George, Natural Law and Positive Law. The Autonomy of Law: Essays on Legal Positivism, Oxford University Press,…… [Read More]

Natural Law and the Magisterium

Yet official Catholic support for union organizing and for strikes, and for state planning to ensure a decent livelihood for all, has been augmented over the years by a heightened recognition of the need to combat underlying institutional imbalances of power. Though the overarching goal of a peaceful and harmoniously ordered community endures, Catholic sensitivity to the dynamics of power, the reality of sinful systems and structures, and the necessity of struggle for social justice has increased over the past century, becoming especially evident in the social encyclicals of the present pope and the later writings of his predecessor, Paul VI. Seen in light of these developing sensibilities, the living wage is a means of empowering the poor to fulfill their material needs, to cultivate their abilities and aspirations, and to participate in just, enlivening social relationships.

In developing his argument for a family living wage, John A. Ryan was…… [Read More]

Natural Law and Morality the

It tells us that "...the human subject is ... A substantial and pesonal whole called to espond to the love of God and to unite himself though a ecognized oientation towads a last end ..." (3.4) a natual law theoy of ethics accounts fo ou unity by denying that ou diffeence fom the natual ode is a "deep" diffeence; on the contay, what would ostensibly diffeentiate us fom natual things -- ou ationality -- is in fact complement to natue's teleology. Ou ationality eveals to us natue's ethical message.

We have aleady said quite a bit about natue. It caies with it God's inspiation towad ethics just as we do, even if we have fee will: "a pesonal God govens the stas, that is, the univese." (3.3) in ou wok to undestand God's ceation and to cae fo it esponsibly, we ae seving God and fulfilling the capabilities with which…… [Read More]

Natural Laws

Hobbes Gun Control

Memorandum for: President Obama

Grounding Gun Control in Hobbesian Philosophy

The state of the nation is in peril due to many conflicting circumstances and an ever present threat of war and chaos. The executive branch of the U.S. Government is responsible for guiding the country in the right direction according to the dictates given to the President and his staff by means of election. The moral and ethical duties of leadership are needed to help guide the American people into a new and brighter future.

Gun Control

The purpose of this memo is to provide political and philosophical guidance to help relate the current clash of ideas relating to gun control and violence. To accomplish this, the works of Thomas Hobbes will be used to frame the argument and provide a template of action that is based on popular social theories explained in Hobbes work. The advantage…… [Read More]

Aquinas' Natural Law Implies Divine Immutable Eternal

quinas' Natural Law implies divine, immutable, eternal laws. Human beings can know natural law through their faculties of reason; however, not all manmade laws reflect natural law. ll natural law is fair and just. Natural law often stands in direct opposition to human law, and human beings also possess animal instincts that can come into conflict with the Natural Law. The Natural Law is at the root of human morality. Only rational creatures, not the animals, are capable of acting in accordance with Natural Law. If animals act in accordance with Natural Law they do so unconsciously; the human being possesses the unique power to act in accordance with Natural Law out of choice and free will. Natural Law permits righteous judgment of behavior.

ccording to quinas, Natural Law supercedes all human law. Human law can follow from Natural Law and should ideally be a more specific interpretation of the…… [Read More]

Anti-Abortion

Anti-Abortion

ule

Natural law and Abortion

Abortion has been defined in many ways. It is shown as a legal action in some definitions based on the choice that a woman makes, having rights over her body. Some lobbies define abortion in ways that clearly argue abortion as an illegal and an immoral act as the rights of the fetus are being violated and it is merely known as killing the fetus.

Killing is much easier than running away or leaving. This statement is a reflection of feelings of many women who undergo abortion of their unborn child. But the question is, do these feelings justify killing an unborn fetus? Abortion has been a controversial debate of the prolife and prochoice groups since many years. Stronger arguments are given by the prolife groups, while choice of a mother has been prioritized by the prochoice group. But it does not matter how…… [Read More]

Laws of Nature

One of these areas is religion, as Hobbes argues that religion must be something over which those who are operating society must have control in order to keep the people moving in the direction which society has determined is correct.

That, however, is difficult to enforce, since people are often not willing to change what they truly believe just because they may have been told that they should.

They may pretend to believe a certain way in order to get the societal protections that come along with that belief, but that does not change their true nature, and the natural law by which they are operating on a very base level. It is, in some ways, akin to committing a crime in that they know there would be societal consequences but they believe so strongly about something that they are not willing to change for society. Instead of changing, and…… [Read More]

Laws and Extra Legal Doctrines

Rule of Law and Extra-Legal Doctrines

The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]

Law and Business When Glenn

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…… [Read More]

Law for Aquinas Is God

Law for Aquinas is God and a True Example of Aristotle's Prime Mover

Natural law requires minimal moral content as a prerequisite for viewing something as in contravention of the law, while the positivist school holds that the law is whatever the state (in whatever form that exists) says it is. The concept of the natural law has the advantage of being based on something immutable, though admittedly morality may differ somewhat from one society to another. The concept of natural law was first developed in the Greek world and has been carried through to the present day. There are a number of different approaches to this concept. The Graeco-Roman tradition held that there was a natural law that was accessible to mankind through reason. Christian theorists adopted aspects of Cicero's Stoic philosophy, an example of natural law, because of its emphasis on moral content. The Christian legal philosophy that…… [Read More]

Metaphysical Law of Attraction

Law of Attraction

Metaphysical Law of Attraction

Need for consideration of Metaphysical Law of Attraction

Attitude and their Effects

Superordinate Identities

Positive Effect in everyday interactions

In conflict management

Negative Affect As an indicator of an unhappy relationship

Paving the road to D-I-V-O--C-E

Positive Affect Paves the oad to espect and Admiration

Use of Law of Attraction and Intercultural Communication

Metaphysical Law of Attraction

"Thou, constrained by no limits, in accordance with thine own free will, in whose hand we have placed thee, shalt ordain for thyself the limits of thy nature"..Giovanni Pico della Mirranda, Oranto "De hominis dignitatis, " or "God's Address to Adam."

"If you're not an infinite being, what would be the purpose of your life?"..Wyne Dyer, The Power of Intention

What are your beliefs about the nature of the universe? Do you have believed in order, universal natural laws, cosmic intelligence, or chaos? Do you believe…… [Read More]

Law in Ancient Times Comparison

If the purpose of law is to maintain the order of society yielding the best possible circumstance for each individual man, woman, and child, then the argument arises as to whether such direct revenge is actually conducive to preventing further disorders. Revenge can easily run in endless cycles, and fear of punishment may not in and of itself be any deterrent at all, in particular if the act which is to be punished was committed in the heat of passion or without premeditation. Philosophers of law and ethics have long discussed the precise nature of the divine code that was given to Moses. On a fundamental level, there exists the question as to whether these laws are immutable expressions of an unchanging natural order such as has always existed, or whether these Mosaic laws represent merely the decrees of God that are applicable to a particular, time, place, or situation.…… [Read More]

Natural Gas Drilling a Retrospect

7. Wells on Indian eservations

Wells to drilling natural gas are often found on Indian reservations as the respective lands are rich in resources. Historically, debates have emerged based on the undervaluation of the gas extracted, which led to the inhabitants of the region being only limitedly remunerated for the usage of the land and the extraction of the natural gas. The matter has been addressed throughout the years (judiciary trials have even been filed) and the situation is more balanced in the present. Consequently, today, several Indian reservations base much of their economic development on operations of natural gas extraction. The most relevant example in this sense is given by the Blackfeet Indian eservation, which generates income from leasing lands for gas extraction.

The large majority of the drilling operations were centered in the western part of the reservation, but an agreement signed in January 2009 allows the new…… [Read More]

Law Enforcement Is a Different

While it is a felony to flee the scene of an accident, a police office is ethically bound to report the issue if he himself is in such an accident. The same is with drunken and disorderly behavior or destruction of property. In "Choirboys" the police officers would congregate in a park after hours to engage in drunkenness, disorderly behavior and sexual orgies with women. And this park was supposed to be out of bounds and closed to the public after hours.

Loyalty

The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…… [Read More]

Law Business Case Brief Case

It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.

Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…… [Read More]

Theme of Love in Relation to Natural Sciences and Geometry in Metaphysical Poetry

Natural Sciences and Geometry in Metaphysical Poetry

Love in metaphysical poetry: Donne and Marvell

"Metaphysical texts, primarily characterized through the conflation of traditional form with seditious linguistic techniques such as satire, irony, wit, parody and rhetoric, generate a microcosmic emphasis in many of the texts" even while the authors ultimately address 'macro' concerns of religion and man's place in the universe (Uddin 45). In poems such as John Donne's "The Flea" and "A Valediction Forbidding Mourning" and Andrew Marvell's "The Definition of Love," subjects such as the poet's adoration for his beloved take on a much higher significance than the personal sphere within the context of the poem. Metaphysical poetry embodies what is often considered a paradox: it is, on one hand, intensely emotional, but it is also, on the other hand, quite explicit in its suggestion of universality. "Introspection, being 'a careful examination of one's own thoughts, impressions and…… [Read More]

Locke The Natural Liberty of

As for knowledge, Locke believed that "the best and surest way to get clear and distinct knowledge is through examining and judging ideas by themselves" (Locke, 1997, VI: I).

The Family -- Locke lived in a time in which the family was patriarchal and central to the argument of the opponents to limited government. In early-modern England the family structure was more authoritarian, intolerant, and sexist. Locke's political theory had revolutionary implications that could easily be exported to governments, and as an individualist, it is easy to see why Locke would look upon inequality and mindless subjugation as unproductive and antithetical. In this the natural rights family was radical in the sense that it held that everyone born was capable of actualization. The family was a microcosm of government, and also served as a way to train individuals into their roles and responsibilities within society (Ward, 2010, pp. 136-42).

Private…… [Read More]

Newton Netwon's Laws of Motion

It is noted that the corporeal world is the context to which this discussion specifically applies, with particles at the subatomic level not abiding the same principles. That said, a diagram included in the Nave explanation of Newton's laws helps to clarify that which is meant by the above equation. A man is shown swinging a golf club into a golf ball in one image and in the next image, he is shown swinging the club into moving truck. e take as a primary understanding from these images that the mass of the object struck will have a direct bearing on the force required to accelerate it. At an identical force, the man's swing might drive the golf ball several hundred yards while perhaps only denting the moving truck.

It was supplemented even further by the Third Law of Motion that every action has an equal and opposite reaction. This…… [Read More]

Social Contract Would Observe the Law as

social contract would observe the law as well as the institution to enforce that law. y the enforcement of that law, those covered could expect justice to be done to them and everybody else. In times of trouble, such as when burglars or other criminals attack, one could call the police for help. Those covered by the contract need neither to fear such unjust attacks nor to take the law into their own hands. The weak need not fear the strong.

The deal for those covered by the social contract is that they join individual forces and resources with others who also want peace and equality, so that their own goods may not be taken from them unjustly, either. And because there are more people who want their goods and other rights protected than those who want a free-for-all all the time, there would be more people who would join…… [Read More]

Laws Impacts on Business and Its Costs

laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.

Employment and Discrimination

There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]

Law Making Process of the

The length of time allowed for debate on a bill depends on the importance of the proposed measure and the debate time is usually divided equally between the proponents and the opponents of a measure. After the general debate, a 'second reading' of the bill is carried out during which members of the House (or the Senate, if the bill has originated in the Senate) are allowed to propose amendments in the bill ("Enactment of a Law"; Johnson 27-28).

Voting: hen the amendment process is completed, the bill is put up to the house for voting. Normally a simple majority vote is required for the passage of a bill. However, the House rules require a three-fifths vote to pass a bill, joint resolution, amendment, or conference report that contains a specified type of federal tax increase. In most cases, the voice vote is considered adequate for the voting process but…… [Read More]

Law of International Banking

Regulation of anks

anks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government safety net to compensate depositors when banks fail thus providing depositor protection.[footnoteRef:1] One of the main reasons why banking regulation is vital is because of systemic risks; the risk that financial difficulties at one or more banks spill over to a large number of other banks or the financial system as a whole. Systemic risks were traditionally bank -- based. ank regulators traditionally focused on systemic risk in the banking sector while securities regulators traditionally focused on investor protection…… [Read More]

Law Enforcement on TV

Cops

Law Enforcement TV Shows

The mass media in the contemporary society and for the last few decades has seemed to be addicted to sensationalism. The masses appear to be particularly supportive of stories that have been exaggerated for the simple purpose of captivating viewers' attention. As a consequence, diverse media devices take advantage of the opportunity and produce a series of works specifically designed as a response to people's needs. TV police shows in particular are aimed at providing viewers with stories that are likely to impress them and in many cases certain aspects of these respective stories are fabricated.

Reality TV shows involving law enforcement officers catching criminals have become more and more common in recent years. Most of these shows display both the honorable and risky lifestyle of police officers and the ruthlessness of criminals. However, in many cases it is difficult for viewers not to feel…… [Read More]

Law Enforcement and the Social Media

data collection includes survey form, structured interviews using closed ended questions, and gathering information regarding a sample size appropriate to analyze and draw conclusion on the basis of the research results. The statistical techniques are used for data analysis to analyze collected data in quantitative research methods. The qualitative data is gathered through case study method and open ended question of an unstructured interview from notable sample. The qualitative methods of research are also equally popular in understating the ignored aspects of a topic. The research question discussed below is addressed on the basis of qualitative and quantitates research methodology.

Question 1:

What is the role of social media in affecting law enforcement?

The usage of internet has increased over the past years. Internet technology has encouraged a revolutionary change. Starting form the desktop computers, laptops, handheld computers, to a variety of internet enabled cell phones has created a huge…… [Read More]

Law Enforcement and Theories of Crime and Criminals

Schools of Criminology

Schools of Thought

Classical School introduction: This approach to criminology holds that basically, people will do things based on whether it is helpful to them and they will look after their own self-interest first. In other words, if a person is penniless and hungry, he will steal food because it is in his own self-interest to eat and stay alive, notwithstanding his crime

Classical School summary: In the 18th century philosophers like John Locke and Jean-Jacques Rousseau argued that existing theories of crime (God or the devil determine what humans will do) were not relevant. They put forth the alternative idea that because humans have free will, they choose which behavior they will follow. Most humans respond to pleasure and pain, and if crime brings a person pleasure, that's what he will do; but being hungry can bring pain so a person will commit a crime to…… [Read More]

Natural Right and History Leo Strauss

Strauss and Nature

Strauss is contending that the "self-evident" natural rights of man are no more apparent because of a creeping relativism in thought and an increasing dependence on legalism. Thus, "the legislators and the courts" decide what is "right" and what is not. In a sense, the lament of Strauss for the loss of common sense, especially regarding what is naturally good and lawful is appreciable. It is just. On the other hand, it could be argued that the "natural right" that Jefferson believed in was not as "self-evident" as imagined but rather more imaginary than "self-evident." Strauss asserts that this line of argumentation is the result of the subjectivist attitude and perspective of modern philosophy. hile subjectivism is a deadly form of philosophy and kills all sense of truth, as Plato shows in Euthyphro, it is the natural consequence of what Strauss identifies in his last sentence of…… [Read More]

Benefits of GIS Applications for Law Enforcement

Law Enforcement

Benefits of GIS Applications for Law Enforcement

esources

Police methods have changed dramatically around the world in recent years due to the advent of geo-positioning and improved computer-aided mapping techniques. As has happened throughout the history of policing, law enforcement officials have always tried to use new scientific research to their benefit. Since the object is the safety and comfort of local citizens, a major aspect of the mission for police departments is to always use the most up-to-date methods for the detection and apprehension of criminals. With the advent of computer-aided geographic information systems (GIS), police now have the ability to approach crime in an entirely new way.

According to ich and Shively (2004) "geographical profiling was "born" in 1980 when a UK police investigator analyzed the locations of crime scenes of the Yorkshire ipper and computed the "center of gravity" of the crime scenes…." This beginning…… [Read More]

Zipf's Law and Benford's Law

This issue can be mathematically proven thusly: if an individual chooses a probability distribution that is random, and then chooses a number based on that distribution that is also random, the list of numbers that results from that exercise will fall in line with enford's Law (ogomolny, n.d.).

Now that enford's Law has been addressed and explained from a mathematical standpoint so that the reader has a better idea of not only what the law says but also what it means, it is time to address Zipf's Law as well. enford's Law is highly important to the field of mathematics, but Zipf's Law also has a great deal of significance and therefore should be explained, addressed, and studied as well.

Originally, the law that Zipf created indicated that, in the corpus of utterances during natural language, the frequency that any word appears is generally, in a rough sense, proportional on…… [Read More]

Disobeying the Law Have Always

By developing military weapons that can hurt a large percentage of people if deployed, what the country is doing is the exact opposite of what it is required to do. If I am not getting the benefits I expect, this means I can disobey the law if the moral need to do so arises.

Gratitude then becomes a vague term. I am grateful to the state for something such as property on which I live, rights that I have had, access to education and healthcare I have enjoyed. In exchange for these, I am expected to obey the law. Fair enough! But if obedience of law hurts my rights or rights of some other person, should I still follow the law? This is the question that we need to ask ourselves. There is more than one case where we might actually end up hurting the moral rights of someone while…… [Read More]

International Business Law Energytech Sonatrach

Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contract negotiations. When there is no choice of law provision, the courts look at several different factors to determine which law to apply and whether a court has jurisdiction. In contract disputes, the courts look at the place of contracting, the place where the negotiating took place, where the contract will be performed, the location of the subject matter, and the citizenship and place of business of the parties. In tort cases, the courts look at where the injury occurred, where the conduct causing the injury occurred, citizenship and place of business of the parties, and the place where the relationship between the parties occurred.…… [Read More]

Gilbert Law's Legal Writing Research

After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…… [Read More]

International Law Consists of Customs

S. policymakers about the international consensus on questions and issues. The U.S. thus uses international law in its foreign policy and also contributes to its formation and development. This is why it formally recognizes and respects fundamental rules and principles as guide to its foreign policy (Joyner).

However, American foreign policy has not focused very much on international law (Rivkin and Casey 2000). Since the end of the Cold War, many international organization have struggled to modify the traditional law of nations governing the relationships between States into an international regulatory code. This intended and new international law would also govern the relationship between citizens and their government. It would regulate primary domestic issues, such as environmental protection and the rights of children. It would also virtually eradicate the use of military force, avoid all civilian casualties during combat, promote the equitable criminal prosecution of individual state leaders or officials…… [Read More]

Wills Outline of Gilbert Law

E.

Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.

F.

Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.

Components of a Will

A.

Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.

B.

Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.

C.

Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]

Canadian Business and the Law Does Canada

Canadian Business and the Law

Does Canada have too much business law?

This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.

Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.

Important aspects of the Canadian legal system for business

It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]

Is Law Political

law and politics and demonstrate what the difference is, if any, between law and politics.

The difference between law and politics has been debated among those to who are referred to as "purists," which are those who hold as a belief that "law" and "politics" have nothing to do one with the other and those which are referred to as "legalists" would adhere to the belief that there is absolutely no difference between law and politics. The first obvious step of discovery is to examine the definition of each of these subjects. The definition given for law is as follows:

rule established by government. 2. legal profession

police 4. rule of natural phenomena.

Next to discover the definition for politics which, is listed as follows:

Politics: n 1. Theory and conduct of government 2. Political affairs and methods.

At first glance it does seem that the two indeed are the…… [Read More]

English Legal System the Law

For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.

Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]

Damages the Law of Damages

Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.

Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.

VIII. Fraud…… [Read More]

People Obey or Disobey the Law Many

people obey or disobey the law?

Many individuals are inclined to feel that the modern society is too rigid and controlling because of the numerous laws that have been imposed through the years. These people consider that humanity was meant to be free and that a free society would function much better than one that obliges its members to take on particular attitudes. However, the truth is that humans are probable to trigger chaos if they are not controlled by a solid system of legislations. This means that a healthy social order would have to understand and respect laws in order for people to be able to live in peace.

Although law is one of the principal tools that assisted mankind in experiencing progress, many communities in the contemporary society have differing understandings of particular laws. hile it might seem that the whole world can act in agreement with a…… [Read More]

Business Law in the Annals

Justice Keen's Reasoning

Seemingly going against the rulings of both Foster and Tatting, Justice Keen gave a resounding guilty verdict for a very simple reason- the law of the land is the law of the land, murder is murder, and no grey areas in regard to this should be allowed to exist. Either the defendants are guilty or not guilty, and in the viewpoint of Keen, the defendants are guilty without question.

Justice Handy's Reasoning

Justice Handy's rendering of a not guilty verdict is based on a rather simple set of criteria- the polls of public opinion. Using public opinion polls about the guilt or innocence of the defendants as a benchmark, Handy decided that because the polls overwhelmingly ruled that the defendants were not guilty, so too Justice Handy would rule in the same way. Coming to be known as the Public Poll Theory, Handy let the voice of…… [Read More]

Environmental Case Law

BLm - Bureau of Land Management

Environmental Impact Statement

FLPMA - Federal Land Policy Management Act

NEPA - National Environmental Policy Act

FA - eligious Freedom estoration Act

Environmental Justice Case of South Fork Band Council of Western Shoshone of Nevada v. U.S. Department of Interior

Detailed background history of the case

The subject refers to a prospective gold-mining project in the Western Shoshone sacred site of the Cortez Mining District, situated in Lander County, Nevada, near Mt. Tenabo. With gold mining an important industry since 1950, in Lander County, and the identification of two new gold sources near the existing Cortez Mine, Cortez proposed an elaborate 850 acre additional mining facility, which would involve Cyanide heap-leach processing and de-watering of ground water to prevent the mines from getting flooded. The total additional acreage concerned were 6,571 acres of public land and 221 acres belonging to Cortez (FindLaw, n.d.).

When…… [Read More]

Anthro On the Law Which Has Regulated

Anthro

"On the Law which has Regulated the Introduction of New Species" is a paper written in 1855 by the pioneering evolutionary biologist Alfred Russel allace. The article outlines a theory of evolution that predates Darwin's Origin of Species. In fact, allace's paper predated a letter that he wrote to Charles Darwin and which was a source of inspiration for the latter's work. allace wrote "On the Law which has Regulated the Introduction of New Species" in Sarawak, Borneo, but inside the article mentions the Galapagos Islands, where Darwin developed his theories. Islands may evolve peculiar variations of species due to their geographic isolation from continental masses. allace was well travelled and mentions a number of different geographic zones that are relevant to his research on biological evolution including zones in the Americas, Europe, and also Asia.

"On the Law which has Regulated the Introduction of New Species" discusses the…… [Read More]

Tax Law Oil and Gas Is Currently

Tax Law

Oil and Gas is currently at the core of ussia's economy, even though there has been talk at the head of the ussian federation of intentions to attempt to move the economy from one which is based solely in these natural resources, to one which is based on rapidly evolving technology. Of course it will be at least a decade before movements and developments in this fashion are able to unfold with real significance. However, given the strong presence and foundation of the oil and gas sector in ussia's economy, it is natural that the bulk of the regulatory law is founded around these pillars.

Excise Tax

Excise taxes in ussia refer to taxes which need to be paid out on certain goods in ussia, such as raw and refined alcohol, alcoholic drinks which are stronger than 1.5% by volume, cars and motorcycles with engines that have horsepower…… [Read More]

Global Law and Politics Political and Legal

Global Law and Politics:

Political and legal institutions and communications have played an integral role in the development and provision of legitimacy in contemporary societies. This has been through the development of obligatory collective decisions, general legal principles, exercise of political power, and resolution of conflicts. In the new global system, these legal and political institutions have created and conveyed social values, political power, and social meaning in every sector of the society. Both of the institutions are considered as legitimate because they have been established on core values that are related to essential freedoms, the rule of law, and democracy.

Aspects of a New Global System:

Modern societies across the globe are faced with critical issues and problems that are dealt with at the global level by the establishment of laws and policies, which are developed in various institutions. Global law and politics has had a significant impact on…… [Read More]

Intrastrate Acquisition of People's Natural

" (Schlossberg, 2004)

FERC analyzed while making a review of the electric utility mergers proposition, the transaction being proposed "likely effect" on (1) competition;

(2) rates; and (3) regulation. (Schlossberg, 2004)

There are stated to be "no antitrust exemptions for transactions subject to FERC review and such mergers are regularly reviewed by either the Federal Trade Commission (FTC) or the Division." (Schlossberg, 2004) The Securities and Exchange Commission had previously held jurisdiction for reviewing acquisitions of stock of electric utility companies however, the authority provided under the Public Utilities Holding Company Act of 1935 was repealed in 2005.

III. FORESEEAILITY DOCTRINE REHAILITATION

The work of Trujillo (2006) entitled: "State Action Antitrust Exemption Collides with Deregulation: Rehabilitating the Foreeseability Doctrine" states that a capitalist society that has policies which were established for the purpose of regulating "the promotion of competition in traditionally regulated industries such as the electrical market seems counterintuitive.…… [Read More]

Managing Natural Resources - Natural

In the GEOMA methodology, carbon dioxide displaces methane within the water lattice which reforms into a more stable state than was present with the methane. While this new technology is still in development, it is very promising (Traufetter, 2007). ecent advances by researchers from Japan, China, India, Canada, Australia, and the United States could result in commercial exploitation of Methane gas within the decade.

Natural gas recovery techniques have come a long way since that first primitive well in Fredonia. Now, a complex and sophisticated process brings natural gas from the field to your home. Exploration for new sources of natural gas has become a highly evolved science. Geologists study the physical structure of a potential site. The scientists can use seismology and magnetometers to develop three dimensional models of the earth using computer programs designed for that purpose. These models allow the geologists to narrow down specific areas that…… [Read More]

Improving Police Accountability in Law Enforcement

law enforcement agents do better?

The key to improving the efficacy of law enforcement agents is changing the organizational culture to one built on accountability. Walker and Archibold offer a new and potentially revolutionary framework for police accountability. The new vision for law enforcement centers on the PTS model, in which policy, training, supervision, and review are the core parts of organizational change. The current organizational culture of law enforcement has several dysfunctional features, values, and norms. Viewing police culture from anthropological and sociological perspectives, as Kappeler, Sluder and Alpert suggest, shows how norms, values, structures, and institutions create dysfunction, misbehavior, and corruption. Problems like excessive use of force and abuse of power can only be controlled through systematic changes in the organizational culture of policing.

Changing organizational culture requires more than just altering departmental policies and procedural guidelines. After all, most departments will have codes of ethics and guidelines…… [Read More]

Business Law- Corporate Responsibility Irresponsible

At some institutions, loans of this type were actually called "liar loans" by brokers, a reference to the obvious fudging of information they represented (Markels 2007).

A substantial portion (if not a large majority) of new home purchases during that time period involved a fraudulent practice of dishonestly inflating the income and financial health of prospective purchasers. In many instances, the real estate brokers and mortgage brokers precipitated this type of falsification of credit worthiness to facilitate high-commission-generating transactions. They stood to profit without any corresponding risk by virtue of the fact that any risk of default on the initial mortgage obligation would be shifted to other lenders and to investors in stocks connected to the value of mortgage securities on Wall Street (Lowenstein 2007). Even worse, during the process of loan negotiation, many homeowners were encouraged to inflate the appraised value of the property for the purposes of maximizing…… [Read More]

Environmental Law Swancc vs US Army Corps of Engineers

Environmental Case Study

Case Title:

SWANCC v. U.S. Army Corps of Engineers

Parties:

The Petitioner is the Solid Waste Agency of Northern Cook County (SWANCC) and the respondent is the U.S. Army Corps of Engineers

United States Court of Appeals for the Seventh Circuit

Facts:

The petitioner, SWANCC, is a consortium of 23 suburban Chicago cities and villages that united in an effort to locate and develop a disposal site for baled nonhazardous solid waste. SWANCC had purchased a 533-acre parcel, located in Northern Illinois that straddled the Cook County and Kane County line. The site had been abandoned by a sand and gravel mining operation in about 1960 and had given away to a successional stage forest with its remnant excavation trenches evolving into a scattering of permanent and seasonal ponds of various sizes and depths.

SWANCC was required by law to file for various permits from Cook County…… [Read More]

United States Military and Environmental Law

U.S. MILITAY AND ENVIONMENTAL LAW

Military & Environmental Law

Environmental Analysis and Impact of the United States Military

Military activity affects the environment in direct and indirect ways. The purpose of this paper is to examine the impact of military training and readiness activities and the impact of armed conflict and war on the environment. Most environmental impact that results from armed conflict and war occurs in foreign and not domestic environments. However, military training and readiness activities have the potential to impact both domestic and international environments. Different standards apply to the regulation of military activity based on the geographic, national, and political arenas in which military activity occurs. Another dimension that affects the environmental impact standards to which the military is held accountable is based on the perceptions and attitudes of lawmakers, citizens, and warriors toward peacetime and readiness operations vs. armed conflict and war. This paper will…… [Read More]

U S Military Institute Quarantine Law and Policy

U.S. Military Institute Quarantine?

Law and Policy:

Can the U.S. Military Institute Quarantine Without Legal Issues?

Instituting a quarantine of large numbers of people within the United States would be complicated and difficult, but is it legal? More clearly, is it legal for the military to do such a thing without any kind of legislative or legal issue. If it is legal for the military to do this, there must be various requirements that have to be met in order to ensure that issues are handled properly. If it is not legal for the military to undertake such action, why not? And is there legislation being considered that would make this type of action legal? The question comes about in light of recent issues with the H1N1 "swine flu" scare, where many people thought the U.S. was going to be overtaken by this new strain of flu that would kill…… [Read More]

Business Law Berkeley Premium Nutraceuticals

The grand jury returned a 112-count indictment against Steve Warshak, company president; his mother, Harriet Warshak; general counsel Paul Kellogg; and former employees Charles Clarke Jr., Steven Pugh and Amar Chavan. A company called TCI Media, which was allegedly used to launder money, was also part of the indictment. The charges include 77 counts of money laundering, 12 counts of mail fraud and four counts of bank fraud (Berkeley president, others indicted for fraud, 2006).

After the Grand Jury indictments were handed down The U.S. Attorney's Office in Cincinnati filed a new complaint against Berkeley Premium Nutraceuticals that included the freezing of various assets worth almost $2 million. The complaint alleged that Berkeley owner Steven Warshak and others participated in a complex, large scale mail and wire fraud operation. This amounted to another felony charge being added to the long list that had already been handed down. The frozen assets…… [Read More]

Afghanistan Is a Natural Crossroad

The Karzai government adopted a five-point plan for accountability. It refused amnesty for gross violators of human rights abuses. An action plan was created by Afghan officials and the Afghan Independent Human Rights Commission, with the support of the United Nations and the international community. The plan consisted of a five-part strategy for peace, justice and reconciliation in Afghanistan. It contained measures to concretely recognize and remember the sufferings of the Afghan people during the long civil war; to increase public confidence in their State institutions; to promote reconciliation and national unity; and to strengthen the criminal justice system, including the affirmation that amnesty would not be granted to gross human rights violators (ureau of Democracy, Human Rights and Labor).

The test of these measures, of course, lies in the efficient implementation. Afghan government adopted a controversial amnesty law, which seemed to shield certain groups from legal or judicial pursuit.…… [Read More]

European and International Environmental Laws Research Essay

European and International Environmental Laws esearch Essay

How do practices of consumption, disposal, and disassembly of everyday electronic objects, such as personal computers and mobile phone effect on sustainable development? Organic chemicals and heavy metals are often found near plants where electronics are manufactured, as well as in garbage dumps where the electronics are disposed of later. This can be evidenced by the presence of lead, cadmium, mercury etc. which are the basic components used for and in electronic products. Other organic chemicals, like flame- retardants, and lead power, have also been discovered near these kinds of cites. Many theorize that these chemicals may even be stored in the human body, and may present as the source of heavy neurological damage, especially in children. Clearly, e-waste impacts on societies in Europe, South Asia and America in several ways -- socially, economically, and biologically. This in turn impacts sustainable development.

esearch…… [Read More]

Environmental Law the Offshore Oil and Gas

Environmental Law

The offshore oil and gas industry is complex in its rules and regulations

There are many different regulatory bodies that have some control over the industry, and they do not always work together as well as they should. This can become a serious issue for companies that are interested in oil and gas production, because they can have trouble keeping all the regulations straight. With UNCLOS, MAPOL, OSPA, and the EU all offering regulations and requirements, it becomes very difficult for companies who work with oil and gas to be clear on the requirements

Unfortunately, that can lead them to make mistakes, to misunderstand rules, and to ignore or avoid other regulations because they seem too complicated or they are not sure if they are even applicable. That can get a company into serious trouble, so it is very important that these companies focus in on how to…… [Read More]

Deploying Law Enforcement Resources the

Of particular focus is the situation of the deployment of forces in a case of national security such as the floods and fires which have affected the territory of the United States. In these situations, volunteers and reserves are also part of the intervention forces, aside from the police patrols. More precisely, in the most recent floods from Iowa the help of ed Cross volunteers were asked for in order to be able to resist the natural disaster and in time to rebuild the territory. A similar situation occurred in New Orleans as well when non-specialized aid was asked for because the police was overwhelmed by the situation. However, it can be said that in situations such as these, the discussion is no longer related to the issue of law enforcement but rather to that of human solidarity. Nonetheless, the presence of volunteers and reserves is crucial in such moments.…… [Read More]