How does the diffusion of law affect our understanding of legal orders?
How does the diffusion of law affect our understanding of legal orders? In order to approach this question it is necessary to first form at least a vague definition of the two key terms: legal orders and diffusion. As it is more practical to define diffusion in terms of legal orders I shall first attempt to outline what constitutes a legal order. This is not a phrase that can be defined concisely and it is difficult to find a brief statement that encompasses all that we mean when we are discussing legal orders. Legal orders are what constitute legal systems. A legal order is any normative order that is enforced by a legally sanctioned body. As legal orders are integral in the formation of legal systems, it benefits us, for the purpose of this question, to look at the interaction of legal systems as well as legal orders on an individual level. Diffusion is an ambiguous term. For the purposes of this essay I shall note and consider diffusion in its many forms as set out by Twining: 'Since 1959 the study of diffusion of law has proceeded under many labels including reception, transplants, spread, expansion, transfer, exports and imports, imposition, circulation, transmigration, transposition, and transfrontier mobility of law.'1 For an apt definition of the term I shall again turn to Twining: 'Diffusion is generally considered to take place when one legal order, system or
Law & Morality
Using relevant examples, discuss the link between law and morality. Morality often leaves things vague and subject to general principle whereas law goes into specifics. Morality is to some extent uncertain and a matter for each individual. Law tries to be objective, written down in black and white and plain for all to see yet what should be legal roughly corresponds to what is really right or just, or what we would call morally right. First of all we must define morality; morality is a standard of right or wrong. For example, everyone knows murder is wrong; if one commits murder he feels guilty, proving a universal and absolute morality. These standards of right and wrong are recognised in various diverse civilisations and religious societies and revealed through the actions and beliefs of their citizens. All societies have the same basic code of morality. These morals are therefore considered innate. The bible in essence sets up moral standards for everyone to follow and actually has established principles and laws that govern how a society should operate. It supports the idea that a morally sound society operates for the benefit and good of all men, and that all men are subject to the same rules and regulations. According to the bible the law is discerned from the ten commandments and that to do what is right one must follow the word of God, or the law. One example of
Asylum and Human Rights
For the past several years the government of Uzbekistan has sought numerous opportunities to convince its multilateral partners that it has undertaken serious reforms to end torture and that torture and other forms of ill-treatment are not a pervasive problem in the country. After more than three years of debate, the government has adopted important laws to introduce habeas corpus and to abolish the death penalty. However, there has been no significant change in the widespread use of torture, and fundamental reform to policies and practices is needed if torture is to be eradicated. Under international law1, the definition of a refugees is: "a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country" Every person has the right to live free from persecution, or the fear of persecution, based on their race, religion, nationality, membership in a particular social group, or political opinion. Though every government is obligated to provide this right, many fail. Every year millions of people face persecution for traits they cannot control or exercising their religious or political beliefs. When governments fail to
Is the establishment of a national industrial relations regime constitutionally valid?
Despite the original intent of 'power-sharing'1 between federal and state governments as established by the separation of powers doctrine, successive federal governments have found ways to increase the scope of their legislative powers with regards to industrial relations through the innovative use of their Constitutional2 powers. Whilst the Constitution fails to empower the federal government with enough legislative power to establish a national regime of industrial relations outright, this paper will examine the main constitutional provisions which could be used in conjunction with each other to aid in the establishment of such a system. This paper will then consider the overarching limitation of federalism which imposes on these heads of power, before considering whether a national regime of industrial relations supported by a mélange of various heads of power would be constitutionally valid. This paper will do so, firstly by examining a number of constitutional provisions which allow the federal government to legislate and influence industrial relations, beginning with section 51 (xxxv)3. . THE FEDERAL GOVERNMENTS POWERS PERTAINING TO I.R. (A) Section 51 (xxxv) - Industrial Relations Power For a national system of industrial relations to be constitutionally valid, it must be capable of being considered 'with respect to' a head of power prescribed under section 51 of
Harassment (bullying) is a major online issue and one which to date governments and the legal system have failed to fully address.
"Harassment (bullying) is a major online issue and one which to date governments and the legal system have failed to fully address." Cyber bullying in the 21st Century is undoubtedly a pervasive and growing problem. However, there are a limited number of ways in which the law can be applied to prevent the occurrence of cyber bullying and to punish the perpetrators. As an issue which directly affects society, it can be said that instead of legislative measures the government should implement further policies that effectively prohibit and curb cyber bullying from occurring at the outset; rather than criminalizing the perpetrator after they have already committed the harm. Through the course of this essay we will focus specifically on cyber bullying in children/ young adults, and examine 1) why cyber bullying is such an important phenomenon and needs to be addressed swiftly and systematically; 2) the legislative channels already available to victims of cyber bullying and their limitations; and 3) how governments and legislators should not only concern themselves with updating the current law on bullying to incorporate the shift into the 'cyber age', but also how they should introduce and oversee the enforcement of public policy measures that address the crux of cyber bulling. With the growth in popularity of social networking websites such as Facebook and Myspace, and the
Discuss whether the law goes sufficiently far in attempting to provide guarantees of equal access to education for all.
"Discuss whether the law goes sufficiently far in attempting to provide guarantees of equal access to education for all." The importance of education as a fundamental human right is clear and engenders no debate. Education equips us to be aware and contributing members of society - and only through learning from and about others, we can liberate ourselves from the ignorance and prejudices of those before us1. Seeing as education is universally accepted to be of great importance, there should be no doubt that the law should act in a way to protect and ensure that every member of society gets an unimpaired and equal access to education; as well as the chance to develop their intellect without discrimination2. It is this notion of equal access and opportunity that the Education Act and the relevant anti discrimination acts are based upon, and the notion remains the "philosophical lynchpin of the education system"3. The law tries, to some extent, to guarantee education on the basis of equal access for all. There are innumerable reasons why equal access to education is important. One of them being that, not only does it benefit the individual - it has also been argued that equality in education is linked with equality in society4. Consequently, this leads to ripple effect because, by reducing disparities in society through education, more people are able to liberate themselves
Private and Public Spheres. Should our autonomy be traded in for protection? And when does protection and interference by the criminal justice system start to compromise our own sense of autonomy? When it comes to the idea of sexual autonomy and state i
Criminal law is expressly concerned with the acts which cause unwanted harm on individuals.1 Members of society take comfort in the belief that the presiding goal of the criminal justice system is to identify, deter, prevent, and punish those that jeopardize the overall integrity of the 'idyllic' society. It is argued that this irrefutable adherence to this social consciousness that the majority of the members of society uphold is what allows for a relatively stable community. However, if the imposition of the criminal justice system extends too far into the lives of individuals, this harmonious may cease to exist. This is because it impedes on the autonomy of the people. The lines are often blurred when it involves the autonomous citizen and the rights they feel as an individual that they should have. It would presumably be just for the behaviour of a person on a public street to be censored to an extent that their actions do not offend others. In this scenario, it is fair for the law to dictate what is acceptable behaviour and what is not. But what if we extend the boundaries of the public sphere to that of the pseudo-private sphere2. Should our autonomy be traded in for protection? And when does protection and interference by the criminal justice system start to compromise our own sense of autonomy? When it comes to the idea of sexual autonomy and state
In this essay I have been asked to answer questions regarding the Sporting events (control of alcohol etc.) Act 1985
Introduction In this essay I have been asked to answer questions regarding the Sporting events (control of alcohol etc.) Act 1985 Question 1 Harry has committed an offence and is subject to section 1, offences in connection with alcohol on coaches and trains of the sporting events (control of alcohol etc.) Act 1985, Whereby Part (a) of section (1) classifies a coach as a "public service vehicle" As Brian boarded the coach he presented the alcohol - which consisted of 4 bottles of beer and a bottle of whiskey to Harry. Harry willingly allowed this and therefor would have knowingly caused or permitted intoxicating liquor to be carried on a vehicle to which is subject of section 2(a) if the vehicle is a public service vehicle and he is the operator of the vehicle. Brian possessed alcohol while boarding the coach; it was then consumed on the vehicle and as a result of this he became intoxicated. In doing this he has committed two offences; which are defined as Section (3): A person who has intoxicating liquor in his possession while on a vehicle to which this section applies and (4): A person who is drunk on a vehicle to which this section applies. Both Brian and Harry are liable to prosecution; however they remain innocent until proven guilty in a court of law. Question 2 Sarah has chosen to bring a bottle of wine to a designated sporting event, in doing so she has
law of property
Q1. a) A transfers property 1 to B and orally instructs B to hold the property on trust for C. b) A makes a will leaving property 2 to C in full confidence that C will hold it on trust to be used to provide accommodations for four persons as seen in her absolute discussion things are most deserving. c) The will also provide that B should be able to choose one from the bulk of any other properties to occupy for the rest of his life. Answer According to the question above A transfers property 1 to B and orally instructs B to hold the property on trust for C, the trustee is seeking to rely on the formality requirement of the conveyance to possess the property. The court will intervene and uphold the trust. In Rochefoulcauld v Boustead Lindley LJ stated, "It is a fraud on the part of a person to whom the land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parole evidence that it was so conveyed upon trust for the claimant and that the guarantee, knowing the facts, is denying the trust and relying upon the form of conveyance and the statute, in order to keep the land himself." The principle invoked in Rouhefoulcauld is that "Equity will not permit a statute to be used as an instrument of fraud". Thus the
BANKING LAW ASSIGNMENT
BANKING LAW ASSIGNMENT Absa Banking Services is a registered bank in South Africa. They wish to expand into the Gambia banking industry. Therefore they wish to make enquires on the state of the law with regard to the following:- a) the level and modalities for the supervision and examination of banks in The Gambia; b) the prohibition and limitations placed on the operators; c) the level of information to be divulge by a bank during operations; d) the duty of cares of Directors and Officers of a bank ;and e) the process involved in the liquidation of a bank. Date: May 2010 INTRODUCTION The Central Bank of The Gambia (CBG) was established in 1971 when it took over the assets of the then Gambia Currency Board. The legal frame work with which banks operate in The Gambia is embedded in two principal statutes (i) The Banking Act 2009 which repealed the Financial Institution 2003. (ii) The Central Bank Act 2005. The legal mandate of the Central bank is derived from the CBG Act 2005. According to the Act, the primary objects of the Central Bank are to: * Achieve and maintain price stability. * Promote and maintain the stability of the currency of The Gambia * Direct and regulate the financial, insurance, banking and currency system in the interest of the economic development of The Gambia. * Encourage and promote sustainable economic development and the * efficient