Victimology: In what respects, if any, does radical victimology represent an advance on the positivist agenda and methodology that preceded it?

3. In what respects, if any, does radical victimology represent an advance on the positivist agenda and methodology that preceded it? Prior to the formulation of the positivist agenda, due to the lack of literature and policy developments in the area of victimology, little reference was made to this sub-discipline of criminology and early victimologists did not attempt to explain patterns of victimisation. Consequently, in the decades following the second world war, scholars such as Von Hentig, Mendelsohn, Rock and Wolfgang began to explore and research the aetiology and characteristics of victimisation. 1 The plight of the victim I.e. the 'forgotten actor' began to take prominence from the 1940s onwards through the introduction of scientific methodology's so as to establish the causes of crime. I am going to focus upon this positivist tradition; assessing its particular strengths and I will also discuss the various methods employed by this notion which seek to establish the causal connections as to why some people are victimised whilst others are not. It is also important that I assess the weaknesses of this theory in order to set the scene for more important developments in this area such as to make way for a rival radical perspective. Indeed, the introduction of radical victimology appeared to be inevitable given the contentious nature of positivism itself and its

  • Word count: 3482
  • Level: University Degree
  • Subject: Law
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Cyberlaw: Compare and contrast the liability of Internet Service Providers in England and Wales and the United States of America in relation to defamation.

Compare and contrast the liability of Internet Service Providers in England and Wales and the United States of America in relation to defamation. . Introduction: The object of this essay is to compare and contrast the varying situations whereby the criminal systems in England/Wales and the US are prepared to appoint liability to their service providers. Firstly, it will focus on the actual functions and characteristics of internet service providers so that it will become apparent which types of service providers pose the biggest threat to the reputation of others. The essay will then examine exactly what the offence of defamation entails i.e. what the plaintiff must prove for a successful claim. It will then discuss which areas of the internet are most susceptible to defamatory material being published. It will then seek to demonstrate that the UK has, at its main concern, the protection of reputation i.e. it places significance on the protection of privacy, whereas the US constitution is more concerned with the protection of the freedom of expression/freedom of speech. It will attempt to show this by comparing and contrasting the case law, legislation and available defences in both jurisdictions. Finally, the essay will look to wider issues in an attempt to highlight the problems experienced when assigning liability to ISP's, and also, why appointing liability to these

  • Word count: 3516
  • Level: University Degree
  • Subject: Law
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Christianity and English law

Introduction In today's society, the idea of religious doctrine being married to or forming the basis of a legal system is a difficult one to advocate to legislators or to those in the legal profession. However, historically English common law owes much of its development to Judaeo-Christian influences. In this essay, I will examine the role as well as the symbols and images of Christian theology in the English common law in order to assess the importance of Judaeo-Christian theology in the development of English common lawyer and the secular legal profession. Influence of Judaeo-Christian Theology on the Common law The Henrician Reformation prohibited the teaching of Canon law in England and prompted the rise of the secular legal system in England. However the strong influence of Judaeo-Christian theology is evident in English law, as it inherited much of the jurisdiction of ecclesiastic courts and the traditions and laws of the Roman Catholic Church.1 Moreover with the Act of Supremacy2 the merging of the authority of the crown and the church led to the common law absorbing much of what used to be the ecclesiastical courts' jurisdiction and the inheritance of the customs and traditions of the Roman church.3 Additionally, as Raffield highlights many eminent prelates remained as members to the Inns of Court.4 One particular reason that Judaeo-Christian theology was

  • Word count: 3165
  • Level: University Degree
  • Subject: Law
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Party autonomy and mediation

Party autonomy in mediation: why do Chinese parties appear to be reluctant to exercise "autonomy"? Contents Abstract p 2 . Introduction p 3 2. Definitions: mediation and party autonomy p 4 3. Party autonomy - a three-dimensional matrix p6 3.1 Informed choice and autonomy p 7 3.2 Justice and autonomy p 8 3.3 Mediator advice and autonomy p 9 3.4 Proactive and reactive autonomy and autonomy quotients p 11 3.5 Mediation contexts and autonomy p 14 4. Perceptions of mediation practice in mainland China p 16 5. Why do Chinese parties appear to be reluctant to exercise "autonomy"? p 20 6. Cultural orientations and autonomy quotients p 21 7. Implications for mediator training, assessment and code of conduct p 25 Party autonomy in mediation: why do Chinese parties appear to be reluctant to exercise "autonomy"? Abstract This paper aims to examine the notion of party autonomy and what it entails in mediation in the Western context and discuss its relationship with Chinese political legacies and cultural orientations. Party here refers to the parties in a mediation. I will first define mediation in the Anglo-American tradition, particularly the elements in the mediation process that characterize party autonomy. A distinction will be made between party autonomy in

  • Word count: 6663
  • Level: University Degree
  • Subject: Law
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Lessig argued that those who assume that cyberspace is by its nature immune from centralized control are wrong. Critically review the proposition and the possible reasons why the internet is becoming increasingly regulated.

. “Lessig argued that those who assume that cyberspace is by its nature immune from centralized control are wrong, and that the actions of market participants and governmental entities threaten to turn virtual space into a highly regulated place, one where the behavior of individuals is even more tightly constrained than in real space.” Julia D. Mahoney ‘Lawrence Lessig’s Dystopian Vision’ (2004) 90 Virginia Law Review, 2305 Critically review the proposition and the possible reasons why the internet is becoming increasingly regulated. “Clearly, there is a need for governance, but that does not necessarily mean that it has to be done in the traditional way, for something that is so very different”[1]. When Koffi Annan spoke at the Global Forum on Internet Governance held on 2004, he puts forward the debate raised by the challenge of a public and private control of cyberspace in the context of the information society. This revolution is supposed to have an effect in our life by changing the way we communicate with each other through cyberspace. This medium could be defined as a collection of infrastructures connected by networks, which enable communication and the storage of electronic information[2]. Here, the distinction between cyberspace and internet is not revelant, therefore both terms will be used interchangeably. Contrary to what was the main idea in

  • Word count: 3605
  • Level: University Degree
  • Subject: Law
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Aviation Law Case - Jack and the hiring of a light aircraft.

AGATHAR OGBORU 014351 AVIATION LAW 006-3 In application of the principles associated with the notion of Air Navigation Order [1](ANO) it is clear that Jack is liable for damages caused to the aircraft and can also be prosecuted for trespassing unto alternate aerodromes without appropriate permission. In order to accurately identify the penalty equal to such transgression, the rules of air recognised under the Air Navigation Order will be interpreted in accordance. According to the specific details concerning the flight in question, Jack hired a Cessna 172 for the weekend from the Panshanger aerodrome birthed by WWI as a ‘decoy aerodrome’,[2] located on the most eastern tip of Welwyn Garden City, Hertfordshire, England. The Cessna 172 is a light aircraft released in the mid 90’s complete with a Continental O-300/145hp air cooled single engine , a basic weight of (2,200)LBS and holds 42 gallons of fuel, 37 gallons of which is useable[3]. The recommended baggage allowance for the straight tailed, four seat aircraft is (120) LBS, for that reason it is relevant to assess the weight of the passenger and baggage at the time of take-off and whilst in flight. although the weight of both jack and his girlfriend and their newfoundland dog was imprecise it is assumed that the dog alone weighed approximately (70kg) and Jack and Mary an accumulated weight of (135) kg thus, it is

  • Word count: 2323
  • Level: University Degree
  • Subject: Law
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Law and Morals

Law & Morals Law and morals have a strong relationship. Some argue that our law is built on moral positions; some argue that many morals are now built on law. There is some truth to both views. It might be said that in more primitive society's morals and law are more closely bound together. As societies become more diverse, a rift opens up between the two in many areas different individuals and groups hold different views on what is and what is not morally right. Law are rules and standards of behaviour which are prescribed by authorities who enforce them with various sanctions. If a law is to be successful, it must be backed by a reasonable section of the community or it falls into disrepute and becomes meaningless. Law is about the control and directing of human social conduct and behaviour. In our system we have a number of areas of law dealing with different issues. Some laws deal with anti-social behaviour known as criminal, some deal with disputes between individuals and businesses known as civil, some deal with commercial transactions which is contract and some deal with tort, which includes issues of negligence and nuisance. Law represents codes of social conduct, which society has decided should be compulsory. This might be described as the only common 'moral framework' there is. The law is a way of formally stating behaviour that is to be regarded as acceptable

  • Word count: 1302
  • Level: University Degree
  • Subject: Law
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