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University Degree: Jurisprudence

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  1. 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
  2. "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
  3. Rational Action, Freedom, and Choice Is a naturalistic account of rational human action possible? Obviously, we can't answer this

    Some actions, such as imagining, are mental actions. Others, such as raising an arm, are physical actions. The person, in the sense now intended, is a psychological subject - something that can have thoughts, feelings, desires, intentions, urges and so forth. Persons or selves are psychological subjects with a potential for reason and self-reflection. Next let us consider a case in which a person's beliefs do cause, or help to cause, some behavior of the person. The example of the paranoid believer in persecuting Martians.

    • Word count: 3330
  4. How does the argument from individuation counter Filmer's model of property and government and justify the colonial exploitation of the New World?

    The Two Treatises of the Government was written by John Locke primarily to counter particular questions of government and property raised by Sir Robert Filmer in Patriarcha, where Filmer claimed that submission to patriarchal authority was the key to political obligation. According to Filmer, the family is the natural form of government and that states are developed from it. He believed that kings have divine rights and this belief was based on the religious argument that the ruler's right derived from Adam, who was given by God the dominion over "every living thing that moveth over the Earth"3.

    • Word count: 2035
  5. The myth that judges interpret and do not legislate has been shattered by the passage of the Human Rights Act 1998 and subsequent case law

    Firstly the literal approach, which involves looking at the words in a statute in order to interpret its meaning. This rule therefore does not give the judiciary much flexibility, thus making them more likely to interpret rather than legislate. Whereas the Purposive approach suggests that judges should look beyond the actual wording of a piece of legislation and look for the purpose of its enactment. (Slapper and Kelly: 20012). Thus the interpretation should be carried out with consideration to the purpose of a statute. In the case of Pepper v Hart [1993]3 Lord Griffiths describes statutory interpretation in a modern context, "The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted."

    • Word count: 3012
  6. 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.

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    what is 'justice' for such people? Also observe this week: a) History shapes the criminal legal process directly b) attitudes and practices vary over time c) the system can stagger along for ages in disarray. How has the treatment of mentally disordered offenders changed over time? Why is mental disorder important in criminals and how is it perceived by society? How mad do you have to be to get acquitted? What is happening in this area now? WHY IS MENTAL DISORDER IMPORTANT IN 'CRIMINALS' AND HOW IS IT PERCEIVED BY SOCIETY? Removes criminal responsibility - unfit to stand trial, diminished responsibility in homicide, special verdict (not guilty by reason of insanity)

    • Word count: 623
  8. The Role of Non-Governmental Organization

    a year, Nestle has been targeted for selling powdered baby milk in poor countries, Nike for poor labor conditions in its overseas factories, Monsanto for genetically modifies food. Despite the fact that globalization has created ground for the rise of NGOs to protect environment, labor rights, consumer rights, human rights and so on, it also facilitated information sharing and building solidarity among NGOs through technological progress. Internet allows cooperation and formation of new groups in rich and poor countries. With the increased power of NGOs in the globalized world, national governments and inter-governmental institutions such as World Bank, the IMF, the UN Agencies, the WTO are becoming weaker because they neither have a monopoly of information nor political leverage.

    • Word count: 2374
  9. Is The Need To Prevent Individuals Harming Other Human Beings The Only Sound Justification For Government Action?

    That the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant." [J.S. Mill, On Liberty - introduction p.14] For Mill and other liberal thinkers like him there is no need to restrict the actions of an individual in any way so long as those actions do not impede on any other individual's liberties.

    • Word count: 2283
  10. Did Jim Crow significantly change the lives of African-Americans?

    Although for some African-Americans a change was felt, for the vast majority things had not altered much at all. Jim Crow officially meant "separate but equal".3 In 1888 Mississippi required that railway passengers should sit in the cars designated to their race. During the late 1880s and 1890s segregation spread to all aspects of life; churches, schools, restaurants, water fountains, housing, jobs, funeral homes and even cemeteries. The News and Courier newspaper wrote in 1898: "If there must be Jim Crow cars in the railroad, there should be Jim Crow cars on street railways... Perhaps the best plan would be...

    • Word count: 2265
  11. Discuss the opinion that"Le Cid is less about love, honour and revenge and more about the complexrelationship between the individual and the state".

    Don Di�gue and don Gom�s are negative heroes: their rivalry for the post of governeur triggers the action in the play, bringing unexpected consequences to other characters. Both are representatives of the old noblesse d'�p�e -especially the Count- that looked back to the Medieval Age and its feudal structures with nostalgia: Pour grands que soient les Rois, ils sont ce que nous sommes: Ils peuvent se tromper comme les autres homes....2 The conflict between them is not so much a matter of don Di�gue getting an honour due to Don Gom�s; in reality it is the representation of a fundamental

    • Word count: 2319
  12. Is there any difference between the director's duty to act in good faith and the director's duty to act for a proper purpose?

    This issue is as to the director's state of mind'. This was held by Jonathan Parker J, noted in Regentcrest Plc v Cohen1. The interests of the company have been interpreted by the courts to mean the interests of the general body of shareholders. As stated by Lord Cullen2, fiduciary duties arise from directors being agents of the company. Today, s.3093 includes the interests of employees. However, the Company Law Review has suggested the inclusion of a wide group of people including stakeholders. In addition to the duty to act bona fide, there's a duty to act for proper purpose.

    • Word count: 774
  13. ETHICAL DISCUSSION OF ABORTION For thousands of years of western civilization, abortion was generally illegal after 'quickening'

    However, Anti-abortion activists often mistakenly use this fact to support their cause. They claim that 'Life begins at conception' and they would be right. The genesis of a new human life begins when the egg with 23 chromosomes joins with a sperm with 23 chromosomes and creates a fertilised cell, called a zygote, with 46 chromosomes. The single-cell zygote contains the entire DNA necessary to grow into an independent, conscious human being, so it is a potential person. Nevertheless, being alive does not give the zygote full human rights - including the right not to be aborted during its gestation.

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  14. 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
  15. Human rights

    On the other hand, Liu Hainan defined human rights as the "rights that man enjoys and is entitled to enjoy on the basis of his natural and social properties. He also added that human rights are restricted by social, economic and cultural development" (Baehr, Hoof, Liu, Tao and Smith 1996, p.17). His views are echoed by numerous other Chinese scholars of his time. Another rather broad definition given by Chinese human rights advocate Wei Jingsheng states that, the concept of human rights is the rights that humans have which encompasses the rights to live and the right to fight for a better life (Angle and Svensson 2001).

    • Word count: 2677
  16. Were the causes of the American Revolution economic or political in origin?

    A war, which by the accounts of some, brought about the end of the First British Empire. John Miller in his offering of the origins of the revolutionary war, explains that the growing conflicts between the British imperialist and the colonist were considerable; with the Englishmen finding the Americans as being "of a disposition haughty and insolent, impatient of rule, disdaining subjection, and by all means affecting independence"3. With Anglo-American relationship so rife with tension, the breakdown of American society at this point was arguably inevitable and culminated in the so-called American Revolution of 1776-1783. "The immediate threat to American liberty and well-being after 1765 came not from the restrictions imposed upon colonial trade and manufacturing but from Parliament's efforts to raise a revenue in the colonies.

    • Word count: 2375
  17. To what extent is EU law on fundamental rights in a satisfactory state?

    Likewise, in Stork v High Authority4, it was established that the Court could not examine a complaint 'which maintains that...it infringed principles of German constitutional law.5' Despite fundamental rights being part of the general principles of German constitutional law, the European Courts persisted in its refusal to consider such rights which had been central place in German law. From here, it can be said that fundamental rights protection was far from satisfactory. However the Courts attitude began to change from that of Stork, Sgarlata and Geitling to develop the protection of fundamental rights.

    • Word count: 2498
  18. Identify specific legislation, policies, regulations and sources of funding relevant to the service/agency/establishment with which you are placed; and show how they effect what is presently provided to service users.

    The Children and Young Persons Act 1969 introduced, amongst other things, the concept of Court Reports prior to sentencing, still a legal requirement in many Youth Court matters and a way of ensuring each young person's case is treated individually. During the 1970's, Social Services were responsible for all youth crime issues and as such welfare issues were at the forefront of all service provision. The Criminal Justice Act 1982 introduced tougher new measures to deliver 'short, sharp, shock' sentences, as the previous system appeared to be ineffective.

    • Word count: 3175
  19. 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.

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  20. Critically assess and compare the role and significance of two of the following in the black American civil rights struggle; labour unions, church, youth, white sympathisers.

    This was especially significant, given the future civil rights activities of Shuttlesworth in Birmingham; however I will discuss this later. Finally, a similar pattern follows with Ralph Abernathy as it was after becoming pastor in 1952 of the First Baptist Church in Montgomery that Abernathy's involvement with civil rights would begin as he would meet and become very close friends with Martin Luther King. So therefore the role of the Church in influencing the early lives of these and other civil rights leaders was very significant as they would all go on to play notable roles in the civil rights movement, as I will examine.

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    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
  22. Public Law Essay

    To pass a new act of Parliament a Bill must first be introduced into one of the Chambers. Most of the legislation that is generated in a Parliament will be put forward by government departments. A small number called Private members Bills are sponsored by individual MP's, though in reality it is very difficult to actually get a private members Bill to become an act, due to the partisan nature of Parliament. Without the support of a major political party, such Bills are almost certainly doomed for failure1.

    • Word count: 2387
  23. 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
  24. 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
  25. Wollstonecraft's Romantic Plight: to Render Women More Equal to Men

    Burke, a political statesman was convinced that the established patriarchal system was necessary in order to maintain civility and order, whereas Wollstonecraft saw that same system as being oppressive and in need of radical change. (Abrams 164) Catharine Macaulay's "Letters on Education," (1790) which addressed "similar rules for male and female education," might have inspired Wollstonecraft as well. Some might question why Wollstonecraft came to be identified as a lead figure in the feminist movement. With regard to the originality of Wollstonecraft's feminist notions, others had already proposed that women could equal men's achievement if they were to be given a similar education, but none had ever given such passionate first-hand accounts of the indignities suffered by women from men.

    • Word count: 993

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