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 There are many distinctions between preparation and attempt in law and many different definitions of attempt that need to be considered when examining these distinctions. There have been cases that have set these definitions, and other cases that have toppled standing definitions and understandings in the favor of new perspectives. This paper examines issues of attempt and preparation in the law, going through a rational process of analysis, which serves to point towards the above mentioned distinctions between preparation and attempt in the law of attempt. The law of attempt itself is differentiated and categorized within the context of the report on the state and national levels, with the assumption being that most states treat attempts less seriously than actual committed crimes as a matter of programmatic policy. The concepts of preparation and attempt are presented in terms of summative definition and precedent and are also examined through the analysis of examples. The intended accomplishment of the definitions is then be assayed in terms of its bearing on matters of incidence and circumstance. The paper looks at proposed reform measures and addresses future concerns before concluding.
From the Paper "For example, if an individual decides to rob a bank, they might do surveillance on the bank, buy a gun and a mask, and perhaps involve partners who can come in and split the money between them at a prearranged meeting place. All of these actions are preparations for the crime of robbing the bank, but they are not attempts to rob the bank:
they all go on outside of the bank's walls. The individual goes about this preparation with the intention of robbing the bank, but these preparations, by their very definition, are not attempts to rob the bank in a physical sense at all. They are premeditated plans which involve robbing the bank as a goal. They are the means, if attempt is the ends."
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 is looks at many of the issues that have sparked the controversy over the discussion to seek reform in the drug laws which would lead to the legalization of narcotics in the United States. Some of the topics discussed include the different categories of drugs and how proposed changes in the laws would affect the use and distribution of these drugs. Several studies dealing with the psychological and physiological affects of many different drugs are examined, and the findings of these studies are used in order to help evaluate the affects of any potential changes in the drug laws. The author's presentation illustrates the difficulties faced by both sides in this debate and shows us how at this time, it is almost impossible to find any definitive answers that would solve this debate, once and for all.
From the Paper "Many would consider the physically and psychologically harmful effects of narcotics to be reason enough to reject calls for legalization, but critics of reform suggest that society, and individuals, will face more fundamental difficulties in the event of successful legalization. A common belief among opponents is that if marijuana, and other narcotics, become legal, it would probably do so with similar restrictions as those that currently apply to tobacco and alcohol. This would lead to the perception, especially among children, that the use of drugs is "normal" behavior, in a similar fashion to the way drinking and smoking is presently viewed. Also, as with alcohol and tobacco, many youngsters under the legally required age would purchase and use drugs, with a damaging effect on their physical and psychological development (Evans and Berent, 1992). The concern of many opponents of legalization is that, in a society whose aim should be to reduce rather than promote the use of drugs, whichever substances that become legal will be the first step for many youngsters on a road which could eventually lead to the dark world of cocaine and heroin."
Abstract This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.
Outline:
Abstract
Objective
Terms & Definitions of Study Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography
From the Paper "In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."
Abstract This paper studies the problematic age of legal consent in the United States in general and Maryland specifically. It analyzes the importance of maturity in making this decision and argues that maturity and reason is not necessarily decided by age. The author sees that the law seems to divert focus to age rather than to consent. It gives an example of a story about minors having consensual sex but not necessarily willingly. It concludes that children who are immature should be protected from rash decisions in order to make sure they don't get emotionally and physically scarred.
From the Paper "Here's something you probably didn?t know, boys and girls! According to the ?Legal Age of Consent Website,? the legal age of consent in the state of Maryland is fifteen. In layperson's terms this means that before the age of fifteen, even if you want to say ?yes, yes, yes,? a la Meg Ryan in ?When Harry Met Sally,? certain rules and restrictions may apply. This is reasonable, correct? After all, you are minors. You all have certain special legal protections and privileges (Such as making sure your legal guardian gives you bread, McDonald's milkshakes, and board. Such as the fact mall security noticed those platform shoes you just happened to walk out of Delia's with won"t be a part of your permanent record). Why shouldn"t the law also reserve an interest in protecting you from your own potential lapses in judgment so you can better become a happy and healthy adult? The image of a fifteen-year-old-girl dating a college student probably not only seems like a huge lapse to your parents and to the world at large but to many of your own minds as well."
Abstract Development of the roles of the English judiciary and the legislature. Includes observations of the impact of the Human Rights Act and subsequent loss of sovereignty to Strasbourg. Full dissection of the relationship between statute and the Common Law and the part that morality/justice should play in the law courts. Theoretical questions from legal theoreticians such as Dworkin and Hart discussed.
From the Paper "Answering this question involves discussing: what other forms of law (apart from statutory text) judges should refer to; which form of law takes precedence; how a judge should interpret a statute, especially if it is unclear or ambiguous; and what he is to do if he cannot operate within the bounds of existing statutory texts. These issues induce us to look at the use and scope of a judge's discretion. A consideration of the use of the word MUST is also needed. Must a judge operate in a certain way? Or are there merely guidelines as to how he should operate?"
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 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."
