Polluter Pays Principle

Is Authorship Attribution Useful and Should It be Used in Criminal Trials? Introduction Forensic linguists are often called to court to answer one or both of two questions; what does a given text say and/or who is the author.1 In order to answer these question linguists draw on sub-areas of descriptive linguistics including; semantics, the meaning of a word, phrase, sentence, or text, phonology, the study of the sound system of a given language and morphology, the admissible arrangement of sounds in words. This paper is looking solely at the second questions; who is the author? In particular the issues arising from authorship attribution, this report will analyse its real usefulness in criminal trials by looking at previous case law, and then continue by discussing if authorship attribution should be used at all, focusing on issues such as reliability of method, sample size and the possibility of an individual idiolect. This paper will not consider the individual jurisdictions, however it must be noted that USA courts are far more hesitant about the use of forensic linguists during criminal proceedings. What is Authorship Attribution? Authorship attribution, also known as authorship identification/comparison, is just one area of forensic linguistics that has been exercising minds since the time of ancient Greek playwrights.2 The practice itself involves determining

  • Word count: 2248
  • Level: University Degree
  • Subject: Law
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The case of Barr v. Biffa Waste Services1 is a recent case which specifically adjudicates on both the interplay between environmental permits and the common law of nuisance and the application of statutory authority as a defence for nuisance.

The case of Barr v. Biffa Waste Services[1] is a recent case which specifically adjudicates on both the interplay between environmental permits and the common law of nuisance and the application of statutory authority as a defence for nuisance. The pursuers were seeking damages for the odour which was emanating from the landfill site operated by the defendants, the pursuers basing this claim in private nuisance. Nuisance, under the common law, is when an activity from one party unreasonably prevents the other from enjoying or using their property.[2] The law of nuisance only applies to cases where the activity complained of is unreasonable; the reasonable use of land cannot be subject to an action under nuisance.[3] The reasonableness of an action is judged from the pursuer’s perspective, and takes into account factors such as the character of the neighbourhood. However, the courts recognise that both environmental and planning law can play a role in defining nuisance.[4] Part of the significance of this case is the non-application of statutory authority, which follows previous case law and the principles of public policy. Further, the effect of the judgement on the interplay between the common law and legislation marks this case as a significant milestone for environmental law. Statutory Authority It is recognised in case law that if an act which causes an actionable

  • Word count: 3000
  • Level: University Degree
  • Subject: Law
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What is the Purpose of Environmental Law

What is the Purpose of Environmental Law? Significant developments in environmental law can be traced back to the 1800s; and dealt largely with public health concerns initially.[1]Only since the 1970s however, has ‘environmental law’ as a separate concept formed to tackle the objective of ‘sustainable development’.[2]Common law too has played an equally vital part in between these developments.[3]Indeed, the purpose of environmental laws from 1800s to present has shifted.[4]This shift in purpose shall be discussed, but firstly, taking into considerations the definitions of ‘purpose’,[5] ‘environment’,[6] and‘law’[7] ; the question shall be interpreted to ask – what the intention of the values are in law and policy,concerning the air, land, and water. Victorianenvironmental law reflected very muchthe concerns of ‘nuisances’[8] to public health. Industrialisation only accentuated these concerns within popular values and provisions were taken to intentionally rid the people of such ‘nuisance’. An early example of this creeping concern is the Factories Act 1833.[9]Victorians had mere appreciation of‘nuisance’. What would be considered as pollution in modern perspective was seen as an indicator of prosperity in Victorian Britain.[10] Nevertheless, public health concerns materialised in environmental ‘nuisance’ law. To illustrate, the Smoke

  • Word count: 2156
  • Level: University Degree
  • Subject: Law
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Regulatory controls have proved a useful mechanism for achieving environmental protection, but the time has now come to consider a wider range of powers, and the use of economic instruments by Regulators. Critically analyse this sta

''Regulatory controls have proved a useful mechanism for achieving environmental protection, but the time has now come to consider a wider range of powers, and the use of economic instruments by Regulators.'' Critically analyse this statement. The environmental traditional approach had the characteristic of being free from regulatory standards with very few prosecution and enforcement powers. Unlike the modern approach from the 1970s, the standards were set locally. The shift in approach was a consequence of unmet expectations and due to the EC Directives which favour uniform nationally set standards followed by formal powers of prosecution. Moreover, since the last decade, criticisms arose against the 'command-and-control' approach which proved to be costly and formal with hints of discretion abuse. Therefore, a new system with other instruments was again set to adapt to the new world and to combat further pollution rise. Comparing the British regulatory system with the rule-oriented rigid standards of the USA, Vogel classifies the English system as flexible and informal.1 The 1986 statement hints on the readiness of the UK environmental protection activists to accept a less imposing approach to allow other instruments to work alongside the administrative regulations, if they prove to be more successful maintaining a sustainable development. Characterising the British

  • Word count: 3127
  • Level: University Degree
  • Subject: Law
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Evolution and Implementation of International Environmental Law

Evolution and Implementation of International Environmental Law The modern international environmental law exists due to the ability of the general international law and the states to identify previous and existing environmental challenges and to enter a process of learning from their mistakes by establishing the Aarhus Convention (Brownlie 1999; Stec 2010; Stec and Casey Lefkowitz 2000). The evolution of the Stockholm Principle I (1972) brought up the notion of the human right to the healthy environment. This was later strengthened by the Rio Principle 10 that declared the necessity to implement the Principle I by promoting public awareness and considering all levels of stakeholders in the decision-making process. Thus, the international law recognized the need to address the well-known Kuztets curve of the condition of the environment, where the modern state focus should be on enhancing the environmental conditions where humanity resides. Interestingly, this notion of healthy environment was very new to the existing generations of human rights (Brownlie 1999; Stec 2010; Stec and Casey Lefkowitz 2000; Szasz 1992). The evolution of the human rights progressed rapidly through the 20th century, completely recognizing and establishing the first and second generations of human rights one by one. These rights include civil rights, political rights, rights to freedom as well

  • Word count: 1590
  • Level: University Degree
  • Subject: Law
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