Abstract The paper discusses and analyzes various perspectives on legal order. The paper examines different concepts, including Positivism, Marxism, Natural Law, Anarchism, Legal Realism, Feminism, and Critical Legalism. The paper analyzes the role that these theories played in Canadian lawmaking, determining that Positivism had the most influence on contemporary Canadian lawmakers.
From the Paper "What is the purpose of law and why do we need it? Would society completely crumble into a chaotic mess if law did not exist? Well, from what I understand thus far, and from what I have seen on TV lately, law is important to maintaining order in society. Without law and order, anarchy would rule our lives. This sentiment was proven recently in the wake of hurricane Katrina. The devastation and human suffering is a result from lack of government organization."
Abstract This paper shall compare the philosophies found in the naturalist perspective against those of the positivist theorist philosophies. This paper shall achieve this through focusing primarily on the beliefs of the philosophers St. Thomas Aquinas, Ronald Dworkin and H.L.A. Hart.
Abstract In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
Abstract Examines concept of the law in legal theory, made by God. Historical perspective. The Shariah. Tribal unity and ties. Bases of ethical conduct. Legacy of Muhammad. Sources of Islamic law; the Quaran. Structure of the law. Representation of both a religious and social order in society. Conflict between Islamic fundamentalists and modern thought. Table of Contents.
From the Paper "Derivation of Islamic Law
Table of Contents
Introduction 2
Historical Perspective 3
Muhammad 7
The Legacy of Muhammad 10
The Sources of Islamic Law 11
The Quran 12
Sunna of the Prophet 12
Analogical Reasoning 13
Consensus of the Community 13
Secondary Sources 14
The Structure of the Law 14
The Roots 16
The Branches 16
Interpretation 17
Schools of Islamic Law 17
Conclusion 19
References 20
Introduction
With the exception of the laws of the Assyrians and the Code of Hammurabi, there is no system of recorded law, literally from China to Peru, which upon first emergence, is not viewed as being linked with religious observance and ritual (Fyzee, 1963, p. 33). This can certainly be observed with respect to Islamic law.
Relatively little has been written in English with respect to Islamic legal tradition. Some would consider this a very serious shortcoming especially when considering the almost continuous state of tension in the Middle East and magnitude of the Islamic ..."
Abstract This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper "A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
Abstract This paper looks at how Australian law is very closely linked with legal positivism, since it revolves around the concept of power. It explains that the sovereign order is treated as the final word, which cannot be altered or amended. While the same is the case in the United States, the writer points out that there is some flexibility towards modern interpretations of law. The United States gives its judiciary enough freedom to interpret law according to the circumstances. The same is, however, missing from the Australian legal system where modern interpretations are often met with disapproval. It concludes that this is the essential difference between legal systems of the two countries, a difference that has turned Australian law into a more rigid and positivistic form of law.
From the Paper "A law must be resistant to change for that is the whole purpose of implementing laws. However they must also be flexible enough to allow modern interpretation, which is unfortunately not the case in Australia and this, is what makes Australian constitutional law positivist in nature. In other words, when a law is so rigid that it cannot allow modern interpretation and fails to keep pace with changing times, it is said to be positivistic in nature. In such laws, the interpretation is rigidly limited and the original law cannot be molded to suit modern conditions and circumstances. While then United States constitutional law is also highly resistant to change, it is nonetheless flexible enough to allow Supreme and High Courts to seek modern interpretation. However that is not the case in Australia where constitutional law is the final word of authority and to allow the law to keep pace with changing times is seen as a threat to the constitution. A very apt example of this kind of rigidity of law can be seen in Bulun Bulun case of 1999.
In this case, the copyright Law of Australia was under consideration and it was found that the rigid interpretation of the law was closely connected with legal positivism. The painter John Bulun sought Court's help in combining customary law with the Copyright Act. Mr. Bulun Bulun wanted one of his paintings "Magpie Geese and Water Lilies at the Waterhole", to be seen as a work of co-authorship. He wanted his entire community to be the owner of this property since it was more in line with his customs and cultural beliefs.
Judge Von Doussa however refused to combine customary law with Copyright Law and decided to stay with strict interpretation of the law thus taking a positivistic approach as Bowrey (2001) explains: ?It is difficult to ascertain whether or not von Doussa grasped the cultural implications that flow from his endorsement of these precedents about joint authorship. At key points in the decision closure to consideration of the indigenous point of view was achieved by using legal positivist interpretative practice. He identified the appropriate legal rule concerning joint authorship without reference to any discourse about the meaning of the terminology. Copyright law is "entirely a creature of statute"."
Abstract This paper serves as an evaluative essay that advocates decriminalizing marijuana use and possession. The writer discusses such legalization of marijuana from the utility, virtue and justice perspectives. The writer examines the state versus the individual in this regard. The costs involved in prohibiting marijuana are also explored in this article.
From the Paper "British philosopher, John Stuart Mill proclaimed more than a century and a half ago that the state has no right interfering in individual behavior that might harm the individual, but bring no harm to others. Over himself over his own body and mind, the individual is sovereign. Despite Mill's liberal view, the conservative approach to marijuana control, disregards such philosophy spending billions of dollars per year to enforce the prohibition of marijuana. Such an approach causes high levels of economic and social costs that are ... "
Tags: pot, cannabis, John Stuart Mill, Jimmy Carter, law enforcement, individual liberty, Libertarian, philosophy
Abstract This paper presents an examination of how natural law impacts the American legal system. The paper provides a general overview of natural law and then explores how natural law applies to the current legal system in the United States. It argues that the natural law helps to drive the current system and describes how this is true.
Table of Contents:
Introduction
Natural Law Natural Law and the American Legal System
Conclusion
From the Paper "Natural law in its most simple form, is the unwritten law of mankind. It is a concept of principle morals and values that are, or at least should be shared by all of mankind because of the central goodness of their concept. (Horowitz, 2000)"
"Natural law is therefore distinguished from -- and provides a standard for -- positive law, the formal legal enactments of a particular society (Dolhenty, 2004)."
One example of this is the belief that killing is wrong. There are few humans or societies on earth that would disagree with the basic tenet that the murder of another person without reason is wrong. (Green, 2005) It takes a loved one from a family, it removes financial support from children, it takes someone out of society that may have moved on to contribute great things and if one is Christian, then the act of murder is something that God does not allow. It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God."
Abstract Legal positivism contends that laws are formulated based on the social system of the time and the sources that the social system gives authority to form legal decisions. These sources may be in the form of a constitution, amendments, judicial decisions or state legislation, for example. The belief that legal decisions are based on justice is not the foundation of law in positivism; yet, it is based on what has previously been determined, or posited in the social order. This paper discusses the American political system and contends that the court system of the United States consistently determines law in relation to the American political system based on previous judicial decisions that form the basis of the decisions of the justices.
Abstract This paper introduces, discusses and analyzes the topic of legalizing marijuana. Specifically, it discusses the current United States' policies, the uses of marijuana, and the arguments for and against legalizing marijuana. Includes an outline.
Legalization of Marijuana
I. Current U.S. Policy regarding legalization of Marijuana
a. State law overview
b. Penalties
c. Pending legislation
II. Uses
a. Medical
b. Recreational
c. Environmental
III. Arguments
a. Pro legalization b. Against legalization c. National Organization for the Reform of Marijuana Laws
From the Paper "The legalization of marijuana is one of the most controversial and volatile topics facing Americans today. In 2001, 34 percent of adult Americans believed marijuana should be legalized, the largest percentage since 1969, and up to 70 percent of adults approve of the use of medicinal marijuana (Cauchon, 2001, 01A). However, in November 2002, voters in Nevada turned down a measure to make the drug more readily available in the Silver State. Opposition is strongest among conservative Americans, while younger adults favor decriminalization. "The USA TODAY/CNN/Gallup Poll found that support for legalization is highest among 18- to 49-year-olds, people in the West and independent voters. Opposition was greatest among the elderly, regular churchgoers and Republicans" (Cauchon, 2001, p. 01A)."
Abstract In this paper, the writer describes the case of an individual who entered into two separate legal situations, one contractual and the other relating to Agency law. The writer relates the difficulties that arose during the course of these transactions and of the legal action taken by the individual to gain compensation for alleged losses. The author examines the history of the two disputes and the legal differences between the two cases.
From the Paper "In Jose's mind, he had accepted the Winnebago owner's final offer to sell the Winnebago for $25,000. According to the Winnebago owner, his original offer was to sell the vehicle for $30,000. When Jose offered $20,000 instead, that was a counteroffer which he rejected immediately. The Winnebago owner had then made a new offer to sell the vehicle to Jose for $25,000 which Jose never accepted, because when Jose responded "OK. If you change your mind, please call me," that was a rejection of his last offer. As of that rejection, the parties no longer had any outstanding offers or counteroffers on the table any longer except for the seller's original published offer of $30,000. Unfortunately for Jose, the lawyer he consulted confirmed the Winnebago owner's point of view and advised Jose to forget about any claim against him for breach of contract (Halbert, 24)."
Tags:law, contact, agency, claim, lawyer, business
Abstract This paper emphasizes the strengths and weaknesses of this particle legal article. It shows that this article is a good resource in the field of law.
Table of Contents
Summary
Purpose of law Origin of law Difference between common and civil laws Difference between federal and state courts systems
Weaknesses
Vague generalizations
Lack of descriptive examples
Divergence from theme
Strengths
Useful subheadings
Emphasis of key terms
Detailed definitions
From the Paper "The United States currently operates under a common law system of justice. Students entering into this field of common law need a basic understanding of law in order to excel in law school. Many articles are written with the intention of teaching these basics of law. One example is Law School Basics: A Preview of Law School and Legal Reasoning, written by David Hricik. A summary and an evaluation of an article selected from this book, titled ?The American Legal System,? prove that this article is a valuable resource in the field of law."
Abstract This paper looks at how the rule of law served as a basis for the Roman Republic. The research paper is divided into three distinct parts. The first and the introductory part reveals an overview of Ancient Rome and the old city of Rome. The second part gives a detailed account of the Rule of Law in Ancient Rome, addressing the underlying philosophy of the Rule of Law. In addition, this part highlights the consequences of the rule of law and explains the downfall of the Republic. The last section discusses the emergence of modern Rome. All the above-mentioned components are connected to the basic theme of the paper that discusses the philosophy of, causes of and reasons for the Rule of Law in ancient Rome.
From the Paper "Many civilizations have grown from berserk to better and from reaching the disastrous end to regaining glory and grandeur. However the history has witnessed a good few international cultures that have transformed their weaknesses into strengths, took a stand for a better world where their generations are far more secure. A world that can offer them harmony of soul, peace of mind and a bright future to look ahead to. However after endless feuds and struggles, there are many examples of those civilizations that turned barbaric at the end of the century, recuperating later to be one of the most cultured nations. One such civilization that saw many good and bad phases and covered a sea of tormenting struggles, including taking a stand against despots of their time and fighting for their rights as a nation against the tyrant monarchs is the Roman Empire."
Abstract This paper compares and contrasts the political philosophies of John Rawls and Stuart Hampshire in their books. Both describe systems of political existence that the philosophers deem as ideal, and both are based on concepts of democratic ideals of equality and justice. The writer shows how each philosopher came to write his theories and how the theories fit in to today's modern political world.
From the Paper "In opposition to Hampshire's judicial procedures that negated the need for any sort of "censorship" to help resolve conflict Rawls system of public reasoning put limitations on content, and on method. His emphasis on rationality being the foundation of harmony led to the inclusion and adherence to "accepted general beliefs and forms of reasoning found in common sense, and the methods and conclusions of science when these are not controversial" (Rawls 1993, p.224-5). His goal was nevertheless the same as Hampshire?s, to provide a public basis of justification accessible to citizens generally."
Tags: democracy, government, socialism, justice, legal, citizen, truth
An examination of the challenges presented by "NLRB vs. Jones & Laughlin Steel Corp." to the political, economic, and legalphilosophies developed from "Munn vs. Illinois" and "Lochner vs. New York".
Abstract This paper provides a background and overview of the cases involved, followed by an examination of how the legal consciousness of "NLRB vs. Jones & Laughlin Steel Corp." challenged the court's previous positions as exemplified in "Munn vs. Illinois" and "Lochner vs. New York." A summary of the research is provided in the conclusion.
From the Paper "In NLRB vs. Jones & Laughlin Steel Corp., Chief Justice Hughes delivered the opinion of the Court. The NLRB had determined Jones & Laughlin Steel Corp. ("Jones") violated the National Labor Relations Act of 1935 by firing employees at its Aliquippa, Pennsylvania plant who had engaged in union activities. It ordered reinstatement and other relief. The court of appeals refused to enforce the Supreme Court's orders because it maintained the matter was not subject to federal jurisdiction. The Supreme Court reversed. The legal question in this case was whether the labor matter was in fact subject to federal intervention, with the ultimate decision being it was."
