The aims and principles of the 1834 Poor Law Amendment Act.
Module tutor - Stephen Cunningham. The aims and principles of the 1834 Poor Law Amendment Act. In the decades prior to the national reform of the Poor Law in 1834, the characterisations of the administration were of variety rather than uniformity. The social and economic changes at this time produced many problems for those that were responsible for the social welfare. Many areas throughout the country though found solutions to this problem within the legal frame-work of the Elizabethan Poor Law of 1597-1601. In the initial stages the amendment act was set up to reduce the amount of poor rates that were being paid. In the first ten years of the amendment act the amount of relief being paid was reduced to a national average of four million to five million a year. One of the principles of the amendment act was to encourage the 'poor' to work for what they received because poverty was looked upon as the fault of the individual, so therefore the amount of relief that was payable was set at a rate that was lower that the lowest paid labourer. This was enforced to dissuade people from claiming benefits, so in the mid to late 1800's many workhouses were built to house the poor and thus forcing them to work, often in squalid conditions. This is a quote by the assistant poor law commissioner: "Our intention is to make the workhouses as like prisons as possible... our object is
Mary and Jodie - the cruellest choice
Mary and Jodie - the cruellest choice The argument over the separation of Mary and Jodie has caused frustration, disturbance, and religious dispute. This is due to the fact that Mary [the weaker and pitiable baby] relies entirely on Jodie to keep her alive. Mary's heart is unresponsive and so are her lungs. Her blood and oxygen are supplied by Jodie's heart and lungs. Mary cannot even cry because she has no lungs of her own, her state is described as deplorable. Never the less, if the twins are kept un-separated they would both die in a matter of weeks. This situation brings up many moral issues and questions. Below I will answer the 2 main questions everyone has on their mind. 1) Is the separation, of Mary and Jodie, intentional killing? 2) Who should make the decision of Mary and Jodie's fate? Is the separation, of Mary and Jodie, intentional killing? Some have argued that separating Mary and Jodie violates the principle that human life is sacred and that no-one should be allowed to kill and innocent person. But it is not the death of one twin that secures the life of the other. Suppose that the twins were separated and the Mary received donated organs that secured her life. The fact that the weaker twin did not die would not in any way obstruct (or help) the survival of Jodie. The death of Mary is not a solution, but a 'side-effect'. Theoretically, to kill
Law of Homicide
EXPLAIN THE ELEMENTS OF actus reus and mens rea IN THE LAW OF HOMICIDE? Actus Reus is a term used in criminal law and is Latin for "guilty act". Literally the Latin phrase means bad act. The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crimes. For example, the crime of theft (Theft Act 1968) requires appropriation of property taking something belonging to another (actus reus). Coupled with the intent to permanently deprive the owner of the object. This is the (mens rea) which means guilty act in Latin. The phrase "actus reus" denotes one of the elements the must be proven by the prosecution before anyone can be liable for criminal punishment. A murder statue for example, typically prohibits the "killing of a human being". So without the "actus reus" there can be no criminal liability. The R v Lewis 1971 case concerned the victim who broke her legs by jumping of the windows when her husband threatened to hurt her if she did not open the door. So she jumped of the 3rd floor window to escape from him because she knew that if she opens the door she was going to get beaten as usual. So when they took this to court the man was found guilty of grievous bodily harm under S.18 of the Offence Against the Person Act 1861. Mens rea is the Latin term for "guilty mind" and it is usually one of the important
Explain and illustrate the main distinctions between civil and criminal law.
Explain and illustrate the main distinctions between civil and criminal law. (20 marks) This question is designed to provide a clear explanation and illustration of the main distinction between criminal and civil Law. The civil justice system is designed to decide disputes between individuals. Criminal Law serves to maintain law and order, to protect society. Civil claims will arise when an individual or a business believes that their rights are being infringed in some way. Civil cases cover a wide range of issues, as there are different areas of civil law. These include: * Contract law * Tort law * Family law * Employment law * Company Law The criminal justice system affects large numbers of people. Criminal law is central to the relationship between law and society. It looks to regulate behaviour; it provides sanctions against those who break those rules. It can be classified as a formal mechanism of social control. It is formal because the rules set by the law can be strongly enforced through the courts and legal system. In civil cases, the party starting the case is called the claimant and the order party is the defendant. The person who commits a wrong or breaks a contract or trust is said to be liable or responsible for it. In the civil proceedings the defendant can either be liable or not liable. An example of a civil case that can be used to
This House Would Decline Medical Service to Smokers
This House Would Decline Medical Service to Smokers, Alcoholics And The Obese We are the proposition and are totally in accordance with the motion. First and foremost I would like to redefine the motion to This House would decline priority medical treatment to those who choose not to help themselves, i.e. make poor lifestyle choices. I am going to discuss how the main lifestyle choices affect the NHS and furthermore how the taxpayer is forced to compensate for an unworthy cause. In the UK it is estimated that up to 9,500 beds are blocked daily by smokers, and that up to eight million doctor consultations are required on their behalf each year. While it is true that smokers often pay a lot of tax for their habit, taxation is necessary as a deterrent and to fund the NHS for people who genuinely require treatment. The money that the NHS should be used for more worthy causes, such as people suffering from more serious illnesses which weren't brought upon by themselves. Moreover, the core point again is about free choice. Smokers choose to buy tobacco and pay tax; it is not forced upon them. 8 of the top ten deaths in men in the UK are linked to smoking, two of the most prevalent being lung cancer and heart disease which costs millions to cure every year. We accept that nobody chooses either to be rich but always or suddenly ill, or to be poor but always healthy. But everyone who
To what extent has law reform been effective in achieving just outcomes for family members and societyin Australia?
To what extent has law reform been effective in achieving just outcomes for family members and society? Law reform has been of mixed effectiveness in achieving just outcomes for family members and society. Law reform has allowed for familial disputes to be resolved with greater ease such as divorce, however the separation of de facto families still remains an issue. Law reform has also achieved greater recognition of alternative families, however same-sex relationships have still not recieved absolute equality. Law reform has also increased awareness of domestic violence, yet it is still a prevalent issue in Australian society. Law reform has been moderately effective in achieving just outcomes for family members and society. Law reform has been considerably effective in achieving justice for family members and society regarding divorce. Initially, divorce was governed by the Matrimonial Causes Act 1959 (Cth), which stipulated 14 grounds for divorce. This was not effective as ‘fault’ had to be proven in order for the divorce to be achieved, thus many couples remained married due to being unable to prove guilt, hence not achieving just outcomes for family members. This was reformed in the Family Law Act 1975 (Cth), which introduced the concept of ‘no-fault divorce’, and reduced the grounds for divorce to one, “the irretrievable breakdown of a marriage”. This
Give an analysis of the case law to show the grounds upon which an application for review can be made.
"There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" Madgwick and Woodhouse, "The law and politics of the Constitution," page 107. Give an analysis of the case law to show the grounds upon which an application for review can be made. The question starts off by giving us an element of the separation of powers when it says that there is no prescribed constitutional relationship between the courts and the executives. The concept of separation of powers propounded by Montesquieu, the French political philosopher, has three main criteria: (i) There are three main classes of governmental functions: the legislature, the executive and the judicial. (ii) There are (or should be) three main organs of government in a state: the Legislature, the Executive and the Judiciary. (iii) To concentrate more than one class of function in any one person or organ of government is a threat to individual liberty. For example, the Executives should not be allowed to make laws or adjudicate on alleged breaches of the law; it should be confined to the executive functions of making and applying policy and general administration. The third proposition, which is said to be the most extreme and doctrinaire, is what the question in hand seems to overrule using the
Describe Law and Order in the late 19th Century
Describe Law and Order in the late 19th Century Law and order began to improve in the late 19th Century after the CID was set up and that Polices Forces were springing up around Britain. In the 1880's, police forces in Britain were very much in their infancy. Almost all of the methods of tackling and solving crimes that we now take for granted were unknown. Police work was mostly concerned with the prevention of crime by officers on the beat. But even very regular patrols did not stop a determined criminal. The police forces had to deal with a range of crime and disorder ranging from petty theft to major public disturbances. The main duties of the Metropolitan Police Force were to deal with drunkenness, beggars, vagrants and prostitutes. The force also had to deal with major disturbances, and soon got the reputation for heavy handedness and violence, for example: in February 1886 the Metropolitan Police Force had to deal with a mass demonstration of Unemployed in Trafalgar Square, however this was not the most serious incident to occur. On Sunday 13 November 1887 the Metropolitan Police Force charged a demonstration by the Metropolitan Radical Federation. This riot in Trafalgar Square on in 1887 caused many injuries and some alleged loss of life. The was an estimated 300 arrests, 150 injuries and one death There was 4,000 Constables, 300 Mounted Police, 300
Describe Law and Order in the late nineteenth century
Describe Law and Order in the late nineteenth century Law and Order in the late 19th century was not as it is today. Things were even worse than they are today. Even though there was a police force, they were new and poorly equipped to tackle serious crimes. This force was the Metropolitan Police Force, established in 1829. However the force was in deep controversy about several issues surrounding the role of the police in society, the severe use of force and detective work such as prevention of crime like murder, rapes etc. The Met was set up by the Home Secretary (Sir Robert Peel) in 1829. Before The Met there were the Bow Street Runners and the Thames River Police Force. Set up in 1749 and 1798 respectively. These three forces were based in different parts of London and were very low in numbers. The main objective of the Bobbies and Peelers (named after Sir Robert Peel) was to assume the duties of Special Constables and Watchmen. These were local men placed in charge of law and order by the local citizens to keep order on the streets with their whistles and truncheons and prevent thefts and other street crimes. But the police also needed to deal with severe riots going on at that time. These riots developed from minor scuffles to mass brawls then to all out riot. Assistance from the army and the Lord Mayor's Grenadier Guards were needed to bring about order and help the
Describe the selection, training and role of lay Magistrates.
Lay Magistrates Describe the selection, training and role of lay Magistrates. Magistrates deal with 97 per cent of all criminal cases, so they play an extremely key role in our judicial system, lay Magistrates are those who do the job voluntarily, meaning costs of hearing everyday cases are significantly capped as opposed to using stipendiary Magistrates for rather minor events. Around 1,500 Lay Magistrates are appointed each year to each commission area, which are counties or the six commission areas in London. The Lord Chancellor, on behalf of the Queen, makes these appointments, however in Lancashire, the Duchy of Lancashire will carry out the decisions. His decision is based upon the recommendations made by local advisory committees. The nominations for being a lay Magistrate can be put forward by anyone, but generally local political parties, trade unions and chambers of commerce provide them. Some committees also advertise for the post in newspapers and on the radio in order to get a more wide range of candidates. The candidates must be aged between 21 and 65, live within 15 miles of the courts boundary and have common sense, integrity, good character and communication amongst other criteria which are stated in the Lord Chancellor's Directions on Appointments 1998 - The Personality Test. From 1998 the Lay Magistrates New Training Initiative is used for newly
