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University Degree: Jurisprudence

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  1. 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.

    • Word count: 1973
  2. Free essay

    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

    • Word count: 1877
  3. Free essay
  4. The Role of Government and campaigners in Protecting and Promoting Human Rights in IRAQ

    So the war against terrorism is never going to be justified with no proof found. This essay will explain how the war in IRAQ has affected the Role of government in protecting the Iraqi human rights and the scale of campaigners who are operating separately in promoting and protecting as well the abused human rights that the Iraqi people are suffering form. Around the world governments has been the protector of human rights for their citizens. They implement rules and laws that explain the consequences of abusing these rights. The government must be able to protect the right to live freely (as long as it does not affect others).

    • Word count: 1076

    This paradox existing between the growing importance of Human Rights and their constant breaches is made even more surprising by the fact that Human Rights became in the century's finale a pervasive global cause, culminating in the most unusual of modern wars, the NATO intervention in Kosovo[1] and the American expeditions in the Middle East (Afghanistan and Iraq). As never before, the foreign political stage is seemingly dominated by claims for basic political, individual and even social and economical rights (with the growth of an anti-globalization movement).

    • Word count: 1627
  6. Are Utilitarians able to take into account Rights

    Rights as understood by the utilitarians would be the separateness of a person's protection being sacrificed for another's utility e.g. stealing someone's car-parking space for ease of convenience. Certain rights can be held to be deontological (Kant is touched on later). By this I mean that certain3 actions are morally permitted or forbidden through moral norms like for example lying would be wrong by deontological standards even if it produces happiness or utility. There are just certain kinds of acts too morally wrong to commit because they are not consistent with the status of a person as a free rational being.

    • Word count: 1759
  7. In 1834, the Whig government passed the Poor Law Amendment Act, which significantly changed the nature of poor relief in Britain. Broadly speaking, the Royal Commission was the main influence on the terms of this act

    The commission recommended the establishment of the central Poor Law Board to co-ordinate relief on a national scale. In 1831, there were over 15,000 parishes, very few of which had amalgamated into Poor Law unions; some were using outdoor relief, others the Speenhamland system, and Indoor relief was also employed. Senior and Chadwick believed that a centrally controlled system would be more cost-efficient through the use of economies of scale, and that the level of provision would also be standardised; leading to an overall drop in conditions inside workhouses and therefore a drop in overall expenditure.

    • Word count: 1440
  8. Do we need a national Bill of Rights in Australia? Discuss critically.Introduction: The Bill of Rights is a legal document intended to protect human rights. Australia is one of the few democratic

    Economic, social and cultural rights refer to the matter of human wellbeing and daily life,4whilst Legal Status embraces 'legal equality and fair trial, freedom of speech and the right to participate in public life'5. This shows that the Bill of Rights covers a range of aspects about human rights. On the other hand, constitutional law only covers a few rights such as the 'right to trial by jury, freedom of religion, acquisition of property on just terms, and electoral rights'6.

    • Word count: 1970
  9. How would you sensibly restrict a right to freedom of expression?

    This could be bad news for the suppressed gay immigrants of the population. In a healthy democracy it is vital that smaller groups are heard, and there is no way to guarantee these voices if the government can restrict free speech. As social philosopher John Stuart Mill argued in On Liberty, a struggle always takes place between the competing demands of liberty and authority, and we cannot have the latter without the former: All that makes existence valuable to anyone depends on the enforcement of restraints upon the actions of other people. Some rules of conduct, therefore, must be imposed -- by law in the first place, and by opinion on many things which are not fit subjects for the operation of law.

    • Word count: 1646

    In other words, Nike keeps its profits high by subcontracting its production to the lowest-wage countries in the world and then failing to pay its workers a fair wage. The Concerns about the condition of the factories of overseas supplies in Asia began to increase in the early 1990s. A lot of manufacturing jobs were being moved or outsourced to countries in Asia due to the recession. The main critics were human rights activists such as Global Exchange and labor unions.

    • Word count: 1189
  11. 'Defining Moments', Professor Joseph L. Badaracco, Jr. presents a framework in which he explains how to tackle with situations where both choices are correct.

    This was a very clear incident which included two options, one right and one wrong. The professor then goes on to giving another example of Johnson & Johnson's medicine Tylenol. Consumption of cyanide laced Tylenol had resulted in the death of six people. Berke, a senior at J & J, should have technically pulled the medicine off the racks; however officials on the other hand suggested that the medicine not be pulled off as it may give people other terrorist related ideas.

    • Word count: 1233
  12. Immigration controls in Britain are racist

    Push factors, are problems such as war, famine, disease, and perhaps natural hazard that forces individuals to leave their home. Even after earthquakes, tornadoes and hurricanes, most countries do not see these factors as a stimulus to move. Perhaps due to the level of technology, they may have trusts that they can reduce such pushes or that they will not happen again during their lifetimes. If the migration is dominated by push factors, it becomes forced migration, and the migrants are referred to as refugees.

    • Word count: 1963
  13. Martin Luther King- Civil Rights Movement

    In December 1956, bus companies agreed to allow all bus travelers equal rights regardless of race. This was King's first achievement of many in the fight for civil rights. In August in 1957 King was named as President of the Southern Christian Leadership Conference (SCLC). The CLC organized and initiated the campaign of 'direct action'. This involved peaceful protests such as boycotts, demonstrations and marches. One of the most successful forms of protest was sit-ins. The SCLC succeeded in integrating public eating areas in 1961.

    • Word count: 1063
  14. The Australian Journalists Association devised an eight point code of ethics

    Since journalism's very own self-regulatory judicial system was introduced into the profession the code has been revised and updated to accommodate for new ways of thinking and new trends in society. The notion of allowing the press exclusive freedoms and rights can be traced back to the age of enlightenment in which 'the press's capacity to argue for a new right of freedom was both enhanced by, and part of, the radical shifts in philosophic thinking of the Age of Enlightenment when authoritarian regimes in Europe were challenged' (Hurst, John, White sally, Ethics and the Australian News Media, p.14).

    • Word count: 1620
  15. "The classical principle of parliamentary sovereignty has been radically altered as a result of the European Communities Act 1972 and the Human Rights Act 1998." DISCUSS

    However, what this example makes evident is the social and political limitations that prevent parliament from making such absurd legislation. The European Communities Act 1972 gave effect to British entry to the European Union. Section 2 (4) of the Act indicates that any legislation 'passed or to be passed...shall be construed and take effect subject to' the enforcement in the United Kingdom of directly effective rules of Community Law. This provision suggests that the courts should give such rules precedence over inconsistent UK legislation, even if it has been enacted after the 1972 Act.

    • Word count: 1447
  16. The need for a written constitution in the UK

    Statutes regarded as constitutional date back to the Magna Carta in 1215, which largely symbolizes the principles by which the government must be conducted according to law, with the consent of those that are governed. More recently the Human Rights Act in 1998 incorporated the European Convention on Human Rights into UK law, giving UK citizens a weakly formed Bill of Rights. Many other concepts of fundamental individual rights have been introduced by European Community law, providing constitutional rights by way of the European Community Act 1972.

    • Word count: 1124
  17. The Socio-Emotional Effects of Hate crimes in Communities and on Human Beings

    The crimes included twelve murders, ten forcible rapes, 1,444 aggravated assaults, 1,762 simple assaults, and 4,130 acts of intimidation. Among the known perpetrators, sixty-six percent were white, and twenty percent black. One hate crime that brought realization to the American public that hate crimes do exist was the horrific murder of James Byrd in Jasper, Texas. On June Seventh, 1998 James Byrd Jr., a forty-nine year old black man, was chained to the back of a pick-up truck in Jasper, Texas, and dragged along an asphalt road for almost two miles.

    • Word count: 1642
  18. Did the 1832 Reform Act Make Any Major Changes In the Structure of British Politics?

    Alternatively, it can be viewed as something of a non-entity, an act designed to appease the increasingly discontented masses. This line of argument suggests that the act in many ways strengthened the existing system, splitting and dividing the reformers while re-legitimising the status quo. Although the extract above, from an article written at the time of the Reform Act, highlights the dissatisfaction that many of the supporters of reform felt, it is perhaps more accurate to see the Act as the compromise between reform (and the threat of revolution) and satisfying the aristocracy. As Eric Evans notes, its major purpose was not to be a "piece of timeless constitution-making" but a compromise born out of the threat of revolution, the Reform act of 1832 removed the immediate threat of revolution2.

    • Word count: 1804

    An attack that has left almost no element of lives and its guaranteed freedoms untouched. Immigrant rights have repeatedly been infringed on since September 11 because of the discriminatory nature of the "USA Patriot Act". For instance, Section 412 of the Patriot Act permits the attorney general of the United States to detain aliens he merely assumes are threats to national security for up to seven days without bringing charges (CCR 11). Interestingly enough, in the event that the immigrant is charged with "any" crime he/she can be held for a period of indefinite detention.

    • Word count: 1816
  20. Critically examine the United nation's security council's response to the attacks of September 11th 2001 and the subsequent impact on human rights and civil liberties in ONE country.

    It proposed 129 new clauses with a number of hidden measures; these measures include enabling the police to access confidential information held by government departments and public bodies for the purposes of any criminal investigation include passing the details on to other police forces round the world. This breaks the civil rights of people under the data protection act, data being passed between agencies when it was confidentially given. Other main articles in the legislation include giving Ministry of Defence police jurisdiction over the whole country as opposed to military property, and the Home secretary has given orders for all communications companies to store records of their customers communications and to hand them over in the event of an investigation.

    • Word count: 1494
  21. Evaluate Hamilton's rule using specific behavioural examples

    Secondly, they can aid the reproduction of others that are likely to carry the same genes. Consequently, an organism's fitness is made up of two components, direct and indirect fitness which combine to give a measure known as 'inclusive fitness'. Hamilton's solution to the problem of altruism was that a gene for altruism could evolve under Darwinian selection if the altruist's behaviour allowed a genetic relative that shared the same gene to reproduce more than it would otherwise have done. However, one implication of this is that one would assume that an individual should always prefer to aid kin that are closest to it rather than distant to it, as the chances of sharing the same gene is likely to be higher with close kin.

    • Word count: 1642
  22. Examine the operation of the law in relation to hacking and computer fraud. What are the advantages and disadvantages of these legal measures?

    Due to the explosion of internet use, al the networks around the world have brought with it a need for greater security consciousness. As a result technology is required to be constantly updated in the war against the ever growing insidious and malicious criminals. There are a number of ways in which computers can be used for crime, firstly is to commit "real world" crimes such as fraud, forgery, secondly is to modify or damage other computerised systems and these are the types of activities that are usually prosecuted using computer crime legislation.

    • Word count: 1852
  23. "Limited in impact and timid in design" how fair is this an assessment of the liberal welfare reforms, 1906-14?

    This act was also permissive, and by 1911 less than a third of all education authorities were using rates to support school meals. Though this act was non-compulsory, some improvement was better than none, especially when those who benefit from this minor improvement had nothing in the first place. There were to be compulsory medical inspections at schools and L.E.A's could provide free medical treatment (1907) however it wasn't until 1912 that government grants were made available to provide treatment and school clinics began to be set up.

    • Word count: 1210
  24. All plays are written in order to be performed and in this sense, The School for Scandal is one of the best examples in order to show it.

    It was retained because of the advantages in greter audiability and closer intimacy with the public. It also kept the �aside� effective. This print belongs to the screen scene (act IV, scene iii) and it shows the screen itself on the curtain-line, Joseph near the proscenium door and Sir Peter and Charles on the curtain-line, so it is easy to see that there was still a proximity with the audience. Another important element regarding the stage is the proscenium door.

    • Word count: 1202
  25. Has The Human Rights Act Made A Significant Difference?

    Further objectives included freedom of thought, conscience and religion, freedom of expression, freedom of association and assembly, the right to marry and found a family and finally, prohibition of discrimination. It should be noted that article thirteen, which was viewed to be a guarantee of social equality, is absent from the Human Rights Act (1998), although this does not mean that it cannot be added later. Article eight, the right to respect for private and family life is illustrated in the case of Douglas v Hello Ltd [2001] 2 All ER 289.

    • Word count: 1843

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • On what grounds is it possible to justify resistance to state power? Discuss with reference to a recent example of civil disobedience.

    "To conclude further, it is in my opinion that civil disobedience is never justifiable unless all other methods and paths have been taken to obtain their goal and express their opinion and even then it should be carefully considered whether taking illegal action will help the cause be reached. It is always not easy however to determine if all other courses of action have been taken leaving the thought of civil disobedience being a 'last resort' as a more open debate. It is then also the case that the course of civil disobedience should only be taken if its serves the majority and not a minority unless the majority are in no way effected by it. I have shared this view with similarities to that of Rousseau considering that modern day problems can arise in determining what is in key with the general will and what is morally and politically right. 1 Neil McNaughton 'Success In Politics' (Rousseau 'Social Contract 1762') 2 D.D. Raphael 3 Barbara Goodwin 'Using Political Ideas' 4 Neil McNaughton 'Success In Politics' 5 David Simpson 'Pressure Groups' 6 Barbara Goodwin 'Using Political Ideas' 7 David Roberts 'British Politics in Focus'"

  • Examine the extent to which the principles and rules currently governing Registered Land will be amended by the Land Registration Act 2002. Explain the rationale underlying any changes.

    "To conclude, it is obvious that the Act is extremely different from the LRA 1925, it is much improved and modernised and deals with any problems that previous Acts have had. On the whole, it is a much better system, and has answered many questions. It is difficult to determine what the effects will be in the future, and how long it will be before this legislation is changed, however, for the time being, it will revolutionise the Land Registry system of today."

  • Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty.

    "Conclusion Although there appear to be conflicting ideas from the European and British courts, as we have seen, Britain is now unable to escape the need to consider the practices and values of Europe in certain situations. The gap between Britain and Europe is now narrowing with the introduction of legislation such as the European Communities Act, as discussed earlier. Politicians and lawyers alike visit this issue on a daily basis. One of the main Constitutional issues arising from Britain's membership of the EU is that of the sovereignty of Parliament. To say that the existence of such a constraint is an infringement is to a certain extent just not true. Some suggest that Parliament's authority to legislate is no more fettered by the treaty than it is fettered by other political decisions that may be taken by the Cabinet32. Moreover, Parliament enacted the Act; therefore surely the will of Parliament is being followed."

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