Roman Law- Contract Law. Gaius is discussing the contract re, mutuum, the loan of fungibles whereby the obligation arises not from agreement alone and created an obligation in kind so that debtor had to restore an equal quantity of similar

Roman Law Week 6- Contract Law 1 J a) An obligation is contracted by means of the thing itself, as in the case of a loan in kind [mutuum]. In this section, Gaius is discussing the contract re, mutuum, the loan of fungibles whereby the obligation arises not from agreement alone and created an obligation 'in kind' so that debtor had to restore an equal quantity of similar things or equivalent quality. Indeed, Gaius only considers mutuum as a real contract. Justinian, in his Institutes considers not only mutuum as a real contract but also depositum1, commodatum2 and pignus3 as real contracts. The question, hence arises why Gaius omitted these from his consideration of real contracts given the fact that they existed in his day? It would appear that the absence of pignus is explicable on the probable ground that it had not yet been provided with a civil action and also pledge also goes as naturally with the law of property as with contract4. With regards to the absence of commodatum and depositum, it has been suggested that their omission is due to Gaius following an antiquated traditional scheme5. However, it must also be noted that their inclusion under contract re requires that formation re be given a wider meaning to encompass transfer of possession or detention of the thing as well as transfer of ownership, which occurs in mutuum. Mutuum, was the loan for

  • Word count: 2609
  • Level: University Degree
  • Subject: Law
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Regulating Prostitution

Introduction This essay discusses the social issues relating to prostitution and proposes that prostitution should be legalised but regulated to reduce problems and harms of prostitution to both the society and prostitutes (my goals). My proposed regulatory rules (my framework) aimed at achieving the said goals are discussed. This essay will conclude that although my framework has its limitations, it is effective in achieving the said goals. Social Problems of Prostitution "Prostitution" is the practice of engaging in sexual activity with someone in return for payment1. Prostitution has been described as "the choice made by those who have no choice"2. Prostitutes are more likely to be women disadvantaged by poverty, poor or no education, sex and race discrimination, who have no other economic options; or childhood sexual abuse, with little opportunity for anything else3. A prostitute may engage as a stripper, escort, street-walking prostitutes, or as a sex worker in hotel, massage parlour or brothel. As the dominant prostitutes in the world are female, this essay will generalise that all prostitutes mentioned are female, whereas the clients or patrons are male. There are many social problems of prostitution. Firstly, regardless of the sex work choices and physical location where prostitution takes place, violence and abuse against prostitutes are inevitable: verbal and

  • Word count: 2681
  • Level: University Degree
  • Subject: Law
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According to a sophisticated reading of Marxs theory of historical materialism to what extent is the legal system the product of, or determined by the economic system? Do you think that Marx, on this sophisticated reading, underestimated the significan

According to a sophisticated reading of Marx's theory of historical materialism to what extent is the legal system the product of, or determined by the economic system? Do you think that Marx, on this sophisticated reading, underestimated the significance of law in modern societies? The core of Marx's historical materialism contains a rejection of the largely idealistic philosophies, which credits the human mind with the ability to transcend the circumstances of existence to make their own history1. Materialism states that human behaviour is determined by patterns of evolution conditioned by external forces, and Marx insists that the consciousness is conditioned by social relations, which inturn are conditioned by the forces of production2. However, it is a problematic when applied to the analysis of law, for legal institutions and rules are often perceived as purposive human creations, the products of deliberate conscious action. The different readings of theory of historical materialism have to explain how these consciously created laws are ultimately determined by material circumstances, and to what extent the legal system is determined by economics. The basic form of Marx's historical materialism can be explained as follows: the requirements which are vital to sustain the most elementary forms of social life, that is, food, shelter and clothing are met by the

  • Word count: 1946
  • Level: University Degree
  • Subject: Law
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Restorative Justice and Serious Crime

RESTORATIVE JUSTICE & SERIOUS CRIME I INTRODUCTION 'An eye for eye only ends up making the whole world blind... ...we win justice quickest by rendering justice to the other party'1 Since the emergence of Restorative Justice (RJ), many critics have argued its use is inappropriate for serious crime,2 asserting it to be too 'soft' on criminals, and fails to deter crime by sending the wrong message to potential perpetrators.3 However, such arguments ignore the complexity of issues associated with serious crime,4 not only in how we respond but also in how we perceive crime and the people involved.5 Addressing the problem of serious crime must entail moving beyond the nescient, 'eye for an eye' approach demanded by the critics,6 who all too readily resort to ineffective 'zero tolerance' policies in response to serious crime issues.7 RJ offers a fresh new approach,8 and this paper will critically examine the viability of such a paradigm shift, and how it might impact on the participants in the process. II WHAT ARE WE TRYING TO ACHIEVE IN CRIMINAL JUSTICE? Examination of RJ principles in application to serious crime first requires identification of the key objectives of justice.9 The key goals of justice are reflected in the NSW Attorney-General's 'Role' and 'Vision' statements,10 and are to '[p]rovide a just and safe society through the reduction of crime, protection of

  • Word count: 7776
  • Level: University Degree
  • Subject: Law
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SCHOOL BULLYING & RESTORATIVE JUSTICE: THE LEGAL ISSUES FOR GOVERNMENT SCHOOLS

SCHOOL BULLYING & RESTORATIVE JUSTICE: THE LEGAL ISSUES FOR GOVERNMENT SCHOOLS Education has for its object the formation of character.1 I INTRODUCTION Childhood and schooling is recognized as a crucial period in a person's life for the 'formation of character',2 with both positive and negative experiences influencing a child's development well into adult life.3 School bullying is now recognized as one of the most potentially harmful experiences children may face during this highly vulnerable period.4 Traditionally, bullying in schools (and society in general) was ignored, condoned or even encouraged, with little support or management for victims and bullies.5 In the 1970's momentum gathered within education for a more proactive approach to school bullying,6 in response to a greater understanding of its effects and also the threat of detrimental civil action against the schools by victims of bullies.7 However, schools and staff largely adopted punitive methods to manage incidents of school bullying,8 including suspension and expulsion which are supported legislatively in all Australian jurisdictions except South Australia.9 Increasingly, restorative practices have been recognized as providing a more effective solution to the problem of bullying in schools,10 but the transition from a punitive to non-punitive paradigm faces a number of legal (and social) barriers

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  • Level: University Degree
  • Subject: Law
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Ehtic Law

M?d???l ?th??s ?nd L?w ?n th? UK N?w?d?ys m?r? ?nd m?r? ??t??nts w?nt t? b? ?nv?lv?d ?n d???s??ns ?b?ut th??r b?d??s, ?nd t? ??rt?????t? ?nt?ll?g?ntly ?n th??r ?wn ??r? ?nd tr??tm?nt. Th?s ?s ? ??ns?qu?n?? ?f b?tt?r h??lth ?du??t??n ?nd ?m?r?v?d h??lth ??ns???usn?ss ?m?ng th? ?ubl??. ?t ?s n?t ?nly ?n?v?t?bl? but d?s?r?bl?. H?w?v?r ??qu??s??nt ??t??nts m?y h?v? b??n ?n th? ??st, ?r m?y h?v? b??n ?????t?d t? b?, ?n ??nt?m??r?ry ?r??t??? m?ny ??t??nts ?????t t? b? g?v?n ? full ????unt ?f th??r ??nd?t??n ?nd t? b? ?sk?d f?r th??r ??ns?nt ?n r?l?t??n t? ?ll d???s??ns r?l?t?ng t? th? ?r?v?s??n ?f h??lth ??r? t? th?m. Th?s ?s ? n?tur?l r?sult n?t ?nly ?f b?tt?r ?ubl?? ?du??t??n ?b?ut h??lth, but ?ls? ?f ?r?v??l?ng s????l ?tt?tud?s ?b?ut th? ?ut?n?my ?f th? ?nd?v?du?l. F?r ?ny ?r???dur? ?r tr??tm?nt ?n m?d???n?, wh?th?r th?s ?s m??sur?ng bl??d ?r?ssur?, g?v?ng ? t?bl?t ?r ??rry?ng ?ut ? l?rg? b?w?l r?s??t??n, ??t??nts must, ?n g?n?r?l, g?v? th??r ??ns?nt. ?n m?ny s?tu?t??ns th?s ??ns?nt ??n b? ?m?l??d fr?m th? ??t??nt's ??ndu?t ?s wh?n th? ??t??nt h?lds ?ut h?r ?rm f?r h?r bl??d ?r?ssur? t? b? m??sur?d. In our case there is no enidence of any such consnent form Joshua as it is specified that he was unconscience. Th? m?r? f??t th?t Joshua had gone t? h?s??t?l does not mean that he had s?m?ly ??ns?nted to Mr Hackitt t? t?u?h him ?n ?ny w?y as identified in Mason, McCall,1994.

  • Word count: 5130
  • Level: University Degree
  • Subject: Law
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The Law provides adequate protection for online consumers. Discuss

The Law provides adequate protection for online consumers. Discuss The Distance Selling Directive (Dir 97/7/EC) was implemented into UK law as The Consumer Protection (Distance Selling) Regulations 2000 and came into force on October 2001,1 for the protection of consumers in respect of distance contracts and to enhance consumer confidence in distance sales. To establish the full extent of protection that the Regulations provide an array of UK legislation will first be examined prior to an assessment of the Regulatons itself. At common law the position is that once parties have entered into a contract, they are bound to complete their bargain on the terms stated, unless the contract has been entered into as a result of mistake2, Duress3, Illegality4 or as a consequence of misrepresentation. 5 S.13 of The Sale of Goods Act 1979 (SOGA) holds that in contract's for the sale of goods by description, there is an implied term that the goods will correspond with the description.6 This provision is particularly important in relation to online transactions as words and images on sites constitute descriptions. Secondly, there is an implied term that goods supplied under the contract, during the course of business, are of satisfactory quality (s.14(2)) 7 and that the goods are reasonably fit for any purpose which the buyer expressly or impliedly makes it known to the seller

  • Word count: 2477
  • Level: University Degree
  • Subject: Law
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Durkheim's views on criminal law

Week 5 Question 1 "Criminal law is more predominant and plays a more important role in simpler-type societies than in modern, highly complex societies." Is this a completely accurate assessment of Durkheim's views on criminal law? Anna Lewis z3189819 Due: 30 April, 2009 Word Count: 865 Durkheim's views on the role of crime and its significance within organic and mechanical societies were never static and his writings on this topic span from his dissertation The Division of Labour to the final years of his life in The Elementary Forms of Religious Life. This essay will demonstrate that Durkheim did believe that crime was a more regular occurrence and comparatively more predominant in 'mechanical' or less developed societies; however, the inherent contradictions in his arguments will be explored and ultimately determine that this statement is still correct in some form. Firstly, an initial exploration into the problems which arise due to the division of law into two dichotomous categories will be undertaken followed by a discussion of issues resulting from the use as law as an indicator of social solidarity. Further, problems developing from the impact of the inherent link between religion and the criminal law and the relationship between punishment and social solidarity will be analysed. Durkheim's division of law A number of problems arise as a result of Durkheim's

  • Word count: 2525
  • Level: University Degree
  • Subject: Law
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LAW AND PRACTICE OF CONSTRUCTION MANAGEMENT

LAW AND PRACTICE OF CONSTRUCTION MANAGEMENT ASSIGNMENT You are a solicitor in private practice and are asked to advise a pension fund who are interested in purchasing a city centre shopping mall. The shopping mall was completed 5 years ago and is still owned by the original developer. It is fully occupied by tenants who have full repairing and insuring leases. You have been provided with a surveyor's report which identifies a number of defects. The most significant is a water penetration problem through the patent glazing system. Repair work has been carried out from time to time by the original main contractor but the problem persists. The pension fund advise you that they wish to proceed with the purchase notwithstanding the defects. However, they do wish to be able to seek relief from the contractor and/or the original design team in respect of the defects. You are told that the work was procured under a JCT 2005 design and build contract and that the design team were novated across. You are asked in the first instance to provide the pension fund with a report which explains what recourse would be available to the pension fund in respect of the defects. You are asked to set out what further information you require and why it is required. You are also asked to advise the pension fund how best it can protect itself. The pension fund have an in house lawyer who

  • Word count: 2062
  • Level: University Degree
  • Subject: Law
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Cyberlaw: The nature of the Internet dictates a shift from unilateral nation-state regulation towards a multi-layered governance system in which there is a role to be played by both public and private bodies at both national and international

'The nature of the Internet dictates a shift from unilateral nation-state regulation towards a multi-layered governance system in which there is a role to be played by both public and private bodies at both national and international level.' The object of this essay is to analyse the regulation of the internet. Firstly, it will focus upon the changing nature of the internet, its proliferation during the 1990's and its consequent decentralisation. It will then examine how and why the methods of regulation have changed with time. The essay will consider the importance of public and private actors in initiating the shift towards a multi-layered governance system. It will then attempt to highlight the fundamental problems of the internet as a global phenomena (such as the proliferation of child pornography) which have rendered nation-state regulation insufficient. The final part of the essay will argue that even a multi-layered approach has its flows and even cross jurisdictional initiatives cannot adequately regulate harmful internet content and its free flow. It will also suggest ways forward. . The shift away from unilateral nation-state regulation. The Internet can be defined as; '...the global data communication system formed by the interconnection of public and private telecommunication networks...'1 More specifically, we define Internet governance as;

  • Word count: 3545
  • Level: University Degree
  • Subject: Law
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