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University Degree: Jurisprudence
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imminent terrorist attack discernibly violate the absolute prohibition of torture as laid down in Article 7 of the International Covenant on Civil and Political Rights (CCPR).6 Moreover, the danger of a creating a "slippery slope" exists. Once an exception is allowed on the grounds of pure need, this would open the floodgates to future cases being advanced on the basis of a precedent.7 Any justification for using torture or other forms of punishment on a human being would then be subjective and injudicious.
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Is Dworkin a natural lawyer? Before examining the Dworkinian perspective, it is important to define the melange and conflict that the two opposing leading theories of jurisprudence, natural law and positivism reflect.
Roman philosopher, Cicero identified the key components of natural law. Claiming that only 'true laws' are those consistent with justice, and consequently can be ascribed as law, the metaphysicality, that we should adjudicate ourselves based on a divine law, and finally that ultimately this morality is consequently unalterable, fixed within its definition. '[True law] does not lay its commands, or prohibitions upon good men in vain, though neither have any effect on the wicked'.6 In keeping with contemporary jurisprudence, neo-natural lawyers such as John Finnis have seen the development of this movement, with the metaphysical element having somewhat diluted.
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Feminism in the UK. As feminists claim the personal is the political they have had a remarkable impact on the English Legal System today, so much that it has affected the world as a whole. Various aspects of English law like criminal law,
There are many others like radical feminism who aim to re-construct the whole political system in order to eradicate patriarchy10 and cultural feminism that see the difference in the nature of men and women but want to remove the inferiority that women feel and experience. Liberal feminism recognizes individuals (not only women) as independent rights-bearing citizens. With the belief of men and women being equally rational they ought to have the same opportunities. However, the ideology has effectively replaced traditional norms, we see this through increases in divorce, cohabitation, abortion, etc.
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Critically analyse the relations between the form of life and the jurisprudence of the office of the jurisprudent in the domain of human rights and development.
According to Finnis, this form of life is one in which individuals are able to pursue diverse life paths, and thus their own ways of engaging in 'objective goods'. Simmonds further proposes that the form of law grants individuals a certain degree of 'distance'. Jurisprudence theories link the form of law with a form of life in which abstract individuals are able to pursue their own projects through an idealised form of liberal capitalism. Hence there is a connection made in this sense by analysing two important aspects of the jurisprudence traditions, that of prudence, and of office.
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Furthermore it will look at different types of relationships that were once accepted in history but are now prohibited by way of legal regulations, for example incestuous relationships between family members. It will draw upon the reasons, in the past why people got married and explain why legal and religious regulations were once required but no longer are in today's view of marriage. I have actively decided to limit the topic and research to Christianity and mainly western, specifically English views and the historical backdrop that surrounds marriage in the United Kingdom.
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Throughout the essay, contradictions arise as to the effectiveness of legal positivism throwing into sharp relief the poor and weak notion that Tamanaha is unable to argue in favour of legal positivism. Unlike most positivists, he does not concur with what most legal positivists see as their principal task that is about legal philosophy and considering moral value a secondary factor. This reflects his tendency to reflect naturalist criteria. The separation thesis primarily looks at "what law is and what law ought to be"3.
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Some believe affirmative action (positive discrimination) is required by equality; others think it is inconsistent with equality. What do you think?
Yet, it may be fair to say that when one racial group or sex is in the majority of positions of power, there may arise inequality which is perpetuated by discrimination. Discrimination can manifest in a number of ways but, in terms of having a direct effect on equality, education and employment are arguably the main areas of contention. This may be due to the argument that if these areas are not egalitarian in nature, in terms of intake and chances of progression, then a society that accepts all of its population as equal cannot exist but, actually increases inequality by members of certain minorities or sex not having the same life chances as others.
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In country X a fascist dictatorship, oppressive legal measures are used to defy people basic freedoms. In country Y, a liberal democracy, the legal system upholds capitalism and human rights. From the Perspective of your approved topic (Critical Legal Stu
an advancement of a new view that rejects the reduction of law as politics and asserts that the two disciplines are mutually interspersed, meaning that there is no pure law or politics but rather the two form work together as a unity as means of the legal system operating effectively and so the debate on whether the law can be said to be anything more than a reflection of political power requires further consideration. Foremost a central theme running through the work of CLS theorists is the concept of the law and politics being deeply intertwined so much that the two rather than being two independent entities have become an unnatural system where political power undermines the legal system.
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He endeavours to do this by explaining to us the journey of those judgments, starting with the most tentative initial ideas and ending with the ultimate confident exposition that appeared to exclude any possibility of error. However, he also places great emphasis on the point that an enormous disjuncture existed between the surface character of his judgments as they appeared in the law reports or on the internet, and the actual intellectual programme in terms of which they had been devised, created, constructed and formalized.1 It may also be worthwhile to note at this point, that the South African Constitutional Court is largely a court of appeal and by its very nature deals only with borderline cases.
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No less estimable Founding Father than Alexander Hamilton, writing in Federalist No. 74, suggests that, "... in seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquility of the commonwealth." While a few Founders suggested involving Congress in the pardons business, Hamilton remained certain the power should rest solely with the president. "It is not to be doubted, that a single man of prudence and good sense is better fitted, in delicate conjunctures, to balance the motives which may plead for and against the remission of the punishment, than any numerous body (Congress)
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In this essay I will explain the methods or rules of statutory interpretation and consider how far judges are willing to go in discovering the true intentions of Parliament.
In this essay I will explain the methods or rules of statutory interpretation and consider how far judges are willing to go in discovering the true intentions of parliament. In conclusion I will summarize the points given in the essay on how statutes are interpreted and the extent judges will go in discovering the true intention of parliament. The rules of statutory interpretation are as follows; 1. The literal rule. 2. The golden rule. 3. The mischief rule. 4. The purposive rule and finally 5.
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The second is the 'public interest test' this takes into account the seriousness of the offence, the more serious the crime than more need there is for conviction in the interest of the public.
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The things which differentiate women from each other are more significant than what unites them. These differences undermine the feminist legal project. Discuss
According to feminists advocating this approach they claim that women also possess the qualities of being rational, autonomous beings with their central claim being that since women are just as rational as men they are equally entitled to have the same opportunities. They follow the general ideal of liberal thought, but want to further it by unveiling and eliminating the inequalities which liberalism in its argument that all individuals are equal disguises. Their task "is to act within the dominant ideology and seek to eliminate gender-based discrimination - to achieve true equality for women-in all walks of life-without challenging the
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My thoughts are interrupted by the knock on the door. I pick up my briefcase and 'employment termination' letter. Taking a last look around my empty office, I walk out, past the two technicians bringing in the machine that is to replace me." Though prima facie, the above scenario seems altogether too unrealistic, the possibility of it coming true cannot be discounted. Technology is making huge advances into the field of law and there is a never-ending debate among members of the legal profession as to whether "software will replace lawyers" This paper aims to examine the various arguments tabled in favor of and against this contention and attempt to provide an answer to the question.
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Local authorities responsibilty to asylum seekers. The question that needs to be considered is whether, the treatment of Mr Ashrif crossed the line between destitute defined in section 95(3) and the condition that was so severe that would properly be desc
Section 554 does not prevent support being provided to those with dependable children or with certain care needs in this case Mr Ashrif has not notified the council of any dependable child. In this light, it appears that Mohammed has no support under this 2002 Act. On the other hand the continued use of section 55 of the provision leaves the claimant reliant on ad hoc charitable support and with no means of providing for their basic daily necessities. This treatment does not comply with the House of Lords R and Limbeula judgement and is a clear breach of Article 35 of the European convention of human rights.
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However the most recent definition of pornography in the English Legal System can be found in the Criminal Justice and Immigration Act 20084, which came into force in January of this year. The Act states that "an image is 'pornographic' if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal5". Effectively there are three different types of pornography which can be legally defined. These include child pornography, hardcore pornography and soft-core pornography, which is otherwise known as "mainstream pornography"6.
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states an attractive political ideal.4 The predominant political philosophers in the debate about equality; Rawls, Dworkin and Nozick primarily "seek for equality in some space in their theories - a space that is seen as having a central role in that theory".5 For example, compare Rawls' egalitarian theory of equality with Nozick's. Rawls is interested in equal liberty and equality in the distribution of 'primary goods' where as Nozick demands equality of libertarian rights. Both are seeking different things, but stem centrally from the same idea.
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We can indeed simply say that the statement that a particular rule is valid means that it satisfies all the criteria provided by the rule of recognition.' This rule of recognition is a device by which to identify the primary rules of obligation. Ronald Dworkin, Hart's most famous critic argues for the theory of there always being one right answer, one right decision to be made within the law, even if the answer is not apparent. Whereas Hart argues for a set of legal 'rules', Dworkin holds that legal principles4 are more relevant in the development of the law.
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Discuss the following statement with reference to the jurisprudential theories of legal positivism, Dworkin(TM)s anti-positivism and legal realism.
3 Thus, discarding the tests set for cases of negligence as in the Spartans4 case, would be a more lengthy process when investigating the subject using a positivist methodology, particularly when given the legalistic nature of the concept 'parasitic damages.'5 Indeed, deciding cases on their own individual merit would mean to pay less attention to the law set down in any given statute. Positivists look at what the law 'is' rather than what it 'ought to be' and therefore they are reluctant to take morality into account as this would create uncertainty in the law.6 The limited nature of the
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Rachel wanted to have the restaurant up and running by the summer. Rachel has since found out that the restaurant over the road from her premises, "Chandler Bing's", employs Monica as the head chef. ADVISE Rachel whether she may challenge the decision regarding her licence in the Administrative Court. ASSIGNMENT TITLE CITIZEN AND THE STATE LAW LEVEL 1 IN COURSE ASSESSMENT DATE OF SUBMISSION WORD COUNT 1648 (This excludes the footnotes/Appendices, footnote numbers in the text and also the bibliography) Citizen and the State ICA Coursework Judicial Review In this brief essay the process of Judicial Review will be examined thoroughly; including a discussion on the different types of grounds for making a claim and also remedies available to a claimant following a successful claim.
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Pashukanis theory can be utilised to shed light on such issues that ultimately produce inequalities within a capitalist system. Discuss.
Similarly, Pashukanis insisted that the law creates isolated 'legal subjects' (whether they are individual citizens or multinational corporations). This then becomes the necessary adjunct to capitalist commodity exchange, as he observes that in order for such exchange to take place, individuals necessarily develop a commitment to certain rights. Therefore Pashukanis perceives the bourgeois form of law as a replica of the commodity relation because he believed that the legal relations of atomised citizens revealed the true nature of capitalist relations5.
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Is it possible to offer a definition of Law? What problems affect the attempt to supply such a definition?
While this is a somewhat morose approach, the analogy seems to work for the most part. Herbert Hart criticises this method, however, calling it a 'distortion and a source of confusion'1 even when the analogy is taken in its simplest form. Hart proposes that laws are simply a set of rules, a positivist theory (legal positivism, natural law and legal interpretivism will be considered in more depth in the next paragraph). A third concept of law was recently put forward by Ronald Dworkin, who criticises Hart and essentially creates the legal school of thought known as legal interpretivism, which rejects
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Gramsci possibly encountered the term in the writings of Vincenzo Gioberti, a nineteenth century philosopher who wrote about the power of one province over others, specifically about the power of "Piedmont over the rest of Italy" (Bellamy, p88). From the work of Lenin and others, the term found its way into the documents surrounding the Third International, and somehow it filtered into Gramsci's usage (Adamson, p172-173). In Gramsci's early writings, hegemony was used to designate the socialist strategy by which the blue-collar class rose to an uncontested position of power by making concessions to other groups- the dominating class assumed power by representing itself as the agent for other classes.
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Mill, An Essay on Government) (Held 95). These essential ingredients outlined for an ideal community are similar to that which make up the rule of law; these are, a clear separation of powers, legal certainty, transparency and the principle of legitimate expectation and equality before the law. The importance of the rule of law stems from being able to protect democratic citizens from the government exerting totalitarian regimes. However, as pointed out by Habermas, "one cannot adequately describe the operation of a constitutionally organised political system... without referring to the legitimating force of the democratic genesis of law." (Habermas 287-288).
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Machiavelli's view of human nature, his concept of virtu, and the role of morality in government are the essential skills required by any ruler to establish a safe and thriving state based on one absolute leader. Niccol� Machiavelli has a despairing outlook on humans in society. Common man is described as being a simple-minded deceitful creature, wicked, selfish, and bent on wanting money and glory. "While they work for your benefit they are completely yours, offering you their blood, their property, their lives... when the need to do so is far away...when it draws nearer to you they turn away."(Machiavelli.
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