How does the argument from individuation counter Filmer's model of property and government and justify the colonial exploitation of the New World?
How does the argument from individuation counter Filmer's model of property and government and justify the colonial exploitation of the New World? Hegel argued that all thought, including philosophy, is fundamentally "historical" in nature: the philosopher's supreme efforts are but the developed, well-organized representation and expression of the "spirit of the time" in which the philosopher happens to live.1 This notion can be confirmed by looking at John Locke's work The Two Treatises of the Government, where he sought to refute the pro-Absolutism theories from Patriarcha of Sir Robert Filmer. The content of both works symbolizes a clash between absolutism and liberalism, where the patriarchal political argument and liberal significance in rejecting it, mirrors the turbulent time the works were published at2. Moreover, another important stage in history at that time- the colonisation of the New World- is also reflected in the work of John Locke, where he tries to justify the actions of Europeans. In order to oppose Filmer's concept of property and government, which is based on the King's divine rights, and validate colonial exploitation, Locke presents an ascending theory about the state of nature, where everything is in common use and individuals have equal rights; where only by investing labour, property can become private and there is no need of consent of others to do
Migration and Europe.
Migration and Europe - Revision How have migrants been treated, both historically and in more recent times? Have they always been welcomed? Consider: Immigration Acts, race riots, Race relations Act, violence etc. * Emigration - leaving one's country for another * Immigrant - a person who leaves her or his home country and settles in a host country * Migrant - a settler in a host country It is quite safe to say that migrants have not always been welcomed with open arms by the host countries. Natives often see them as 'stealing jobs' and 'scroungers'. More often than not migrants have had to face racism on the grounds of their skin colour or because of their culture, be it a different religion or customs. Since 1992 European governments have introduced a range of measures to reduce the flow of immigrants into Western Europe. Both national governments and the EU have made it clear that they intend to strengthen 'Fortress Europe' against the further waves of immigrants from Eastern Europe and the less developed countries expected during the second half of the 1990s. In February 1992 the Polish government introduced new measures affecting migrants from Romania, Bulgaria, the former Yugoslavia and the former Soviet Union who travel through Poland on their way to Germany. Under the new measures migrants travelling through Poland would have to prove a Polish citizen
Critically evaluate the positive and negative effects on banning smoking from clubs and gaming areas (including pokie machines), comment on the way in which clubs and gaming are responding to the laws.
HOSPITALITY STUDIES TOPIC AREA: CLUBS AND GAMING D. Critically evaluate the positive and negative effects on banning smoking from clubs and gaming areas (including pokie machines), comment on the way in which clubs and gaming are responding to the laws and recommend some changes in which would better suit both smokers and non-smokers. Almost 5000 people in the Australian state of Victoria die every year from some type of smoking-related illness. And very soon, 5000 venues will have to provide smoke-free areas under some of the toughest anti-smoking reforms in Australia. From September 1 this year, clubs, hotels, bingo halls and gaming venues including Crown Casino will have to provide a smoke-free alternative. The recent amendments to the Tobacco Bill in mid May come hot on the heels of the transition to smoke-free dining in last July. "The main gaming floor at Crown Casino and 533 gaming venues will be affected by this extension of smoke-free laws," said Health Minister John Thwaites, announcing the state wide Tobacco (Miscellaneous Amendments) Bill 2002. "Smoking is already banned in Victorian restaurants, cafes, hotel dining rooms and shopping centres and this next stage of reform is a logical step". Under the legislation before Parliament, smoking will be banned in the gaming area in single-room gaming venues only. In gaming venues with two or more rooms, smoking
The Charter of Fundamental Rights of the European Union: An embryo constitution or a new law of binding rights? Discuss
The Charter of Fundamental Rights of the European Union: An embryo constitution or a new law of binding rights? Discuss One of the founding principles of the European Union is the protection of fundamental rights which is seen an indispensable prerequisite for its legitimacy. Thus the Charter of Fundamental Rights of the European Union was drawn up by a democratic and efficient 'Convention' and signed by 15 Member States as a political declaration at the Nice Summit in December 2000. It contains a plethora of rights from civil and political to social rights for all of the 372 million citizens of the European Union. The status of the Charter is to be discussed at the 2004 intergovernmental conferencel; some argue it should be seen as an embryonic constitution for Europe, whilst others such as Germany, France and the Netherlands want to give the charter legal force. A constitution may be defined as "those laws, institutions, and customs which combine to create a system of government to which the community regulated by those laws accedes"1 Usually it is a written document which has a higher status of law, thus it requires a special procedure to alter. As can be seen from Jack Straw's comment in The Economist; "I do not have a pocket big enough for what passes as the constitution - 'the consolidated Treaties' - of the European Union." the EU's constitution is vast and
Explain the concept of extinguishment as it is has been developed in Australian native title jurisprudence.
Explain the concept of extinguishment as it is has been developed in Australian native title jurisprudence. Background and Introduction The landmark Australian case Queensland v Mabo (No2) (1992)1 was the first case where the Australian courts recognised a native title claim i.e. a claim by indigenous people to land belonging to their ancestors. This case concerned a claim for recognition by the Meriam people of their cultural identity. The case also initiated the development of the concept of extinguishment through the creation of the theory of Radical title. Native title is a doctrine of English common law and in order to establish native title "it is necessary to show that the plaintiff group are biological descendants of the original inhabitants, that they have maintained an ongoing connection with the land, and that they exercise substantially the same customs as at the Crown's acquisition of sovereignty"2. In Mabo (No. 2) the High Court applied the doctrine to recognise the Meriam peoples' rights of possession, occupation, use and enjoyment of their traditional lands. In this case the High Court also held that the effect of the British claim on the territory was that it had acquired sovereignty over the land, now known as New South Wales. The court held, however, that having sovereignty over the land did not, of itself, extinguish native title. In addition to
Public Law - In general, parliamentary sovereignty refers to the absence of any legal restraints on the legislative powers of the Parliament.
Evelyn Lee LW 1011 Public Law Group 36 Non-Assessed Essay Question 10 In general, parliamentary sovereignty refers to the absence of any legal restraints on the legislative powers of the Parliament. According to Dicey, the nature of parliamentary sovereignty was: 'that Parliament ... has ... the right to make or unmake any law whatever; and further, that no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament'. The sovereignty of Parliament is therefore laid out in 3 aspects: There are no legal limitations on the legislative competence of Parliament, courts are under a duty to apply the legislation made by Parliament and no Parliament can bind its successors or be bound by its predecessors. It is a rule that, in order to maintain the supremacy of the parliament and ensure that they are free to enact new laws, the Parliament may not to be bound by the previous Acts. If a legislature wishes to alter a law previously enacted, they can enact a new Act which expressly repeals the old law or state the certain amendments to the old law. Alternatively, they can repeal the Act impliedly by passing an Act which is completely inconsistent with the previous one they wish to repeal. When courts are faced with 2 acts that are completely inconsistent with each other, the courts will apply the doctrine of implied
Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty.
Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty. How is it that the British courts feel bound to disapply acts of parliament inconsistent with EU law, but not those inconsistent with European Human Rights law. Introduction In order to approach this question I shall focus on three areas; the Human Rights Act 1998 in relation to parliamentary sovereignty, British courts and the European Convention of Human Rights and the EU as an influence on British courts. Although it could be argued that the Human Rights Act 1998 is now entrenched into our constitution and legal system, this is not so much the case. In reality, the Act is no different to any other statute law and may be overturned by Parliament at any time; such is the doctrine of parliamentary supremacy. This will continue to be the case, so long as our constitution remains unwritten. Discrepancies between the European and British courts are founded on a difference in values between the two. Europe generally takes a broader approach to interpretation of legislation, giving greater emphasis to liberal individual rights, whereas the UK Parliament adopts a much more restricted and some may say selfish approach. This is the necessary approach for Parliament to take in our current given political and legal circumstance. Parliamentary
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
Public Law Assessment The local authority has statutory responsibility to offer assistance to asylum seekers under s.21 National Assistance Act 1948 and s.55 of the Nationality Immigration and Asylum act 2002. "They have a duty to provide accommodation and benefits whilst they await the outcome of their come with the home office." An asylum seeker is defined as Art. 2(a) defines 'asylum seeker' as a person who "has made a claim for asylum which has been recorded by the secretary of State but has not been determined"1; this is currently the status of Mr Ashrif. With the limited fact of Mohammed Ashrif I would apply all legislation that might affect him. The legal basis for providing support to asylum seekers is under section 55 of the Nationality, Immigration and Asylum Act of 2002, it provides that asylum support under section 4, 95 and 98 of Immigration and Asylum Act 1999 can be refused if the Secretary of State is not satisfied that the asylum was made as soon as 'reasonably practicable'2 after the person's arrival in the UK. In this case the applicant Mr Ashrif submitted his asylum claim two weeks after entering into the UK. The prospective asylum seeker should apply immediately on arrival but that policy3 has been refined, it is accepted that those who did not claim asylum within three days and had no opportunity to claim asylum within that time would be treated as
Should the legal age of majority be reduced to 18 years? Write an opinion in which you refer to the Review of the Child Care Act, discussion paper 103 (Project 110), specifically Chapter 4, compiled by the South African law commission.
Law of Persons Assignment: Age of Majority For Jacques Mahler Done by Daniel Stroud 200424734 Question: Should the legal age of majority be reduced to 18 years? Write an opinion in which you refer to the Review of the Child Care Act, discussion paper 103 (Project 110), specifically Chapter 4, compiled by the South African law commission. Introduction Minority is one of the most important factors that influence a person's status, not only in South Africa but all over the world. The legal view in South Africa is that because people's juristic acts are dependent on the expression of will, they say that only people who have some understanding and judgement should have the capacity to act. So in this view one can see that they are leaning away from eighteen because they say that at that age, one is not capable of fully understanding what it is that they are doing in the legal sense. Another way of saying it is to say that the law confers capacity to act and enter into juristic acts, only (this is the important part) if the person can understand the nature, purpose and consequences of their actions. Now obviously the younger one is, this is going to effect their powers of judgement. So for that reason the law has put in place rules that protect the young by limiting their capacity to act and participate in legal interaction. And in ending, from a legal point of view a young
To what extent is terrorism an effective and legitimate mechanism of power?
To what extent is terrorism an effective and legitimate mechanism of power? Before I can answer this question it is necessary to define the parameters. For example power is such an open term in this context a definition would make an answer possible. So following that thought I will define all the open terms to clarify the final question. So what is terrorism? According to the Prevention of Terrorism (Temporary Provisions) Act 1989: "...'terrorism' means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear" (Walker 2002), p.20) As you can see this is a quite broad definition and includes many acts that some people would not consider terrorism, at least as it exists today. The later updates to this legislation made it less of a definition but more of a check list for terrorism. If you assume that terrorism is a form of influence, which largely it is, then the most basic definition would be Dahl's work on influence. Take Osama Bin Laden and George W. Bush or A and B respectively. A (Bin Laden) allegedly attacks the World Trade Centres with the goal of making B (Bush) leave the Arab world. However A's actions did not have the desired outcome. This is known as "Negative Influence" (1963 p. 37). Therefore if you take "negative influence" to the extreme you have basic terrorism. As