Abstract This paper is an in-depth examination of the key arguments in the debate currently going on in Britain over whether or not to replace its adversarial system of justice and replace it with the inquisitorial system of justice now used in the European Union. The paper begins by defining both the adversarial and inquisitorial systems of justice. It then presents arguments in support of the Inquisitorial Model including that the system promotes equality; decreases miscarriages of justice; seeks to find the truth; argues that the judges in the adversarial system are poorly trained while its judges are chosen on merit. The author then presents their arguments against the use of the Inquisitorial Model and makes the following points about the inquisitorial system including that it ignores human dignity; that it will cause false imprisonment; argues that the European Union will be allowed to prosecute British Citizens and will therefore render British Law powerless; argues that it will lead to the destruction of the Magna Carta and finally, argues that the system can be costly. The author then presents a final evaluation of the materials presented and details their own conclusions as to which system is better suited for use in Britain.
From the Paper "Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. These opponents note that there are clear advantages to the current British system which include. The right of Habeas Corpus (that the accused must be taken to a public court within a very short period of time, usually 24 hours, and the accusers must produce their evidence then and there. The right to Trial by Jury at which jurors can in fact even disregard the law if they think it would give an unjust conviction. The jurors are thus 'sovereign'. If found innocent, the accused cannot be tried again on the same charge. (Corpus Juris and the Effect on British Common Law Rights)"
Abstract The following paper examines some of the reasons that have caused a
new breed of enemies of the United States to turn into the most dangerous and formidable forces in the world today. After careful examination of the reasons that turned Saddam, Osama and their followers into the most dangerous and greatest adversaries of the United States, the author contends that without appropriate funding, strong support base and inefficient planning, these enemies would have never been able to pose such a huge threat to America and its citizens.
From the Paper "There has been a sharp rise in the enemies of our country since past few decades and this is somehow related to not only the fact that United States is one of the most powerful and influential countries in the world but also because to bad foreign policy and poor international relations. First it was the former USSR that turned into a major enemy and the two countries remained in the state of Cold war for several years. But with the death of socialism and disintegration of Russia, United States felt it could heave a sigh of relief, as its biggest enemy was no longer a strong force. But unfortunately, this relief did not last very long."
Abstract This paper looks at the hero detectives Sherlock Holmes and considers if there is a possibility he suffered from an obsessive disorder problem. It also discusses the Holmes' stories and certain aspects of his adversaries. Also examined is the story "The Hound of the Baskervilles" with a discussion on the setting of the actual scene within the novel and how the literature and atmosphere of the time along with the views and ideals of those reading the novel are affected by the atmosphere and descriptions of the authors? words. Also discussed are the "Stories of the Sussex Vampyre" and the "Final Problem".
From the Paper "Sherlock Holmes is known through out the world as the model private detective, or as he is described a consulting detective since the first pages of a Study in Scarlet were published in Beeton's Christmas Annual in 1887. Arthur Conan Doyle the creator of Britian's Master Sleuth wrote sixty original stories on Holmes? adventures, of these sixty, fifty six were short stories and four were full
To many Sherlock Holmes is the key man in any adventure story as he battles the menaces of evil using his superpowers that are purely based on his own observances and deductions, Holmes? methods can be learned by any person with a mind to open his eyes and use all of his senses rather than just what he thinks he sees."
Tags: detective, hero, moriarty, watson, murder, england
Abstract This paper explains that "Greed and Glory on Wall Street," an excellent documentary about Lehman Brothers covering the period from July 1983 to April 1984 with the firm's takeover by Shearson/American Express, is a stimulating political story about two adversaries fighting for glory and money and bringing the company to failure in the end. The author points out that this book clarifies key business issues and some of the economic mechanisms, which were behind financial transactions on Wall Street during the 80s. The paper relates that Lehman Brothers, one of the most important and oldest banks in the United States, initially, was renowned for its conservatory actions, but 'greed' seriously began to take over during the 1980s, and the company started to speculate on Wall Street, going into leveraged buy-outs and junk bonds.
From the Paper "The main idea from the course as it appears in the book is related to bonds. As we know from the textbook, bonds are generally used in order to raise capital. Previous to the 80s, bonds were generally rated according to the company's reputability and companies which were known to have difficulties in making payments were listed as junk companies, with bonds that were generally never purchased and which did not help the respective companies from entering bankruptcy."
Abstract This paper explains that in Jesse Stuart's short story, "Love" the conflict between the father and the son, which is expressed through their differing perspectives on the world, relates to the overall theme of pragmatic love. The author points out that Jesse Stuart's story describes an encounter in which a man has his dog kill a snake. The paper states that, beneath the surface, the story is a deeper one of unreasoning destruction brought about by an allegedly higher creature and the compassion shown by an animal often associated with evil. The author concludes that, by the end of the story, father appears to have learned something about love and about making unreasoning judgments.
Table of Contents:
Nature's Adversary Nature's Advocate
Relationships
Conclusion
From the Paper "The following day, the father and the son find the bull black snake coiled near his dead mate. The snake has found her in the stillness of the night, which is not unlike the stillness of death. "Still devoted to his mate, the bull snake "lifted his head and followed [them] as [they] walked around the dead snake." The snake has shown more compassion to his mate than the father has shown to the female snake; unlike the human, who allegedly has the benefit of human reason and emotion, the snake does not instinctively and indiscriminately attack."
Abstract This paper examines the current Anglo-American judicial system and its history while also considering some of its drawbacks. In response to these short-comings, the author suggests alternative methods of dispute resolution, such as arbitration and impartial investigation. These methods are discussed in light of their use in other legal systems around the world. The author concludes that a reform of the adversarial systems currently in use in the Anglo-North American world would be desirable because reforms might increase the availability of true justice for large segments of the population.
Outline:
Introduction
The Development of the Adversarial System
The Adversarial System vs. Alternative Forms of Dispute Resolution
Alternative Dispute Resolution: The European Civil Code Example
Possibilities and Problems Relating to the Implementation of Alternative Dispute Resolution Systems in Canada, the United States, and the United Kingdom
Conclusion
From the Paper "The justice system of the Anglo-North American world is an adversarial one. A lawyer is an advocate - he or she represents the case and the views of his or her clients. The rightness or wrongness of the arguments of the opposing side is of no concern to counsel. It is the duty of the lawyer to represent the client's case to the best of his or her ability; to make use of whatever legal arguments, statutes, precedents, etc. will advance his or her client's cause. In essence, the judicial system of the United Kingdom, Canada, the United States, and other nations that follow the English legal tradition, is one of a debate between two sides. It is the responsibility of the judge and jury to decide the case based on the relative merits of the arguments for each side. In contrast to the usage of many other nations, there is no independent attempt made to determine the correctness of either argument. Neither judge nor jury possesses the authority to actually investigate the claims made. As well, Anglo-North American law does not require that actionable cases strictly match the provisions of some pre-established code. Precedent is of great importance having, in the absence of positive law to the contrary, the force of law. In this sense, the law is quite malleable. Through careful research, an attorney might discover a useful prior decision that could lend weight to his or her arguments. Again, since there is no adherence to a strict code of laws, as say the Roman Law, or the Code Napoleon, it becomes possible to manipulate existing laws and precedents to suit the situation. Of course, a major difficulty of any system that relies upon the best presented argument is the danger that such an argument may not actual to be correct. Rather, it only appears to be correct. As a result, many have begun to question the utility and fairness of the adversarial system. "
Abstract This paper presents an exploration of the national security affairs of Vietnam. It examines Vietnam's major and minor adversaries and discusses the national purpose of Vietnam and how that interest creates international conflict or affects international relations. The paper also uncovers the source of power for Vietnam and summarizes any threat that Vietnam is currently facing.
Outline:
Introduction
Major Adversary Minor Adversary National Purpose
Ideologies
National Threat
Conclusion
From the Paper "The national purpose of Vietnam is three fold. The first purpose that the nation has is to rebuild its highways, roads, bridges, trade industry and agricultural abilities that were destroyed during the conflict. This has been a steady goal of the nation since the 1970's.
The second purpose of Vietnam is to develop strong relations with the United States. The United States has recently become the number one trading partner with Vietnam. The exports and imports of the nations currently total $4 billion annually with growth on the horizon. The continued friendship between the United States and Vietnam is important as a national purpose for Vietnam as it continues to avoid China's watchful eye and wrath.
As long as Vietnam and the United States remain friendly and continue to build relations Vietnam will feel more comfortable if a face off with China ever occurs. With the US as an ally it is probable that China will think twice before making any move in the direction of Vietnam(Heitzman, 1991). "
Tags: china, united, states, conflict, asia, trade, relations
Abstract This paper discusses how in an increasingly heterogeneous American society, the formality of courts and their adherence to the traditional adversary model has led to the recent emergence of several methods of alternative dispute resolution (ADRs). It examines how some of these methods, which include mediation, negotiation and arbitration, provide an alternative to litigation and have several advantages. It attempts to show that mediation is the most effective form of alternative dispute resolution, by examining the current system, the adversarial system and what aspects of this system create the need for alternative forms of dispute resolution. It also compares its advantages to the other forms of alternate dispute resolution.
From the Paper "In examining the reasons for the need of alternative dispute resolution, it is necessary to analyze the current method of resolving conflict in the American legal system. This system, known as the adversarial system, bases its existence on the central tenet "that conflict resolution is best achieved through an adversary process" (Levett Notes). This consists of two parties in a courtroom represented by an appointed advocate who is familiar with the law. The advocate presents his client's case before the judge, an independent fact-finder who weighs the merits of the case and evaluates their consistence with the law. This system is different from the inquisitorial system, which is used primarily in Europe, and has several crucial distinctions from the adversarial system."
Abstract This paper discusses some criticisms of the US criminal justice system, such as its racism and lack of effectiveness, giving examples of both. The writer then describes both the inquisitorial and adversarial systems of justice and explains how each one works in practice. The writer concludes that although a more just verdict might result under the inquisitorial system, the writer's preference lies with the adversarial system where confusion, skilled lawyers, and compassion would be more likely to result in an acquittal.
Outline:
Part 1
Part 2
From the Paper "In addition to the criticism of racism, another frequently voiced criticism of the criminal justice system is its lack of effectiveness. In her article, "A Bridge to Order? Restorative Justice and Mental Adjustment in urban America," Stephanie Milton suggests that the United States look beyond the punitive criminal justice system to seek a system that focuses on rehabilitating criminals instead of punishing them. Many agree with Milton's position, suggesting that today's criminal justice system simply demoralizes and punishes criminals, only to eventually let them back out on the streets, worse than they once were."
Tags: effectiveness punitive rehabilitation impartial verdict, trial by jury, lenient
Abstract This study takes a look at the Islamic group Al Qaeda and provides an overview of its organizational and developmental history. Additionally, the group's base and location of operations and its financing and support sources are reviewed, as well as an analysis of Al Qaeda's motivations, ideology and purpose. A list of Al Qaeda's adversaries and enemies and a description of locations and tactics used in its attacks is also provided. In addition, a review of countermeasures that have been shown to be effective against Al Qaeda is also presented, followed by an analysis of the projected future for the group. Furthermore, the paper discusses potential security management solutions and countermeasures that could be deployed against these projected future threats. This discussion is then followed by a summary of the research and important findings in the conclusion. This paper includes pictures and tables.
Outline:
Abstract
Al Qaeda: Current and Future Trends
Review and Discussion
Name of the Organization and "Type" of Terrorist Group.
Organizational and Developmental History.
Base or Sanctuary; and Location of Operations.
Financing/Support Sources.
Motivations, Ideology and Purpose.
Adversaries/Enemies.
Location of Attacks and Tactics Employed.
Countermeasures or Anti-terrorist Options/Strategies That Have Been Successful
Projected Future.
Security Management Solutions and Countermeasures.
Conclusion
References
From the Paper "There has been some progress in the war on terrorism since the terrorist attacks of September 11, 2001 and countering the threat represented by al Qaeda. For example, the removal of the Taliban government in Afghanistan served to eliminate al Qaeda's sanctuary and training camps and destroyed an important connection in the process that once provided al Qaeda's leadership with a continuing stream of new recruits. Unfortunately, continues to face a serious threat as the organization's leadership rebounds from setback after setback to reemerge in yet another region of the world to threaten U.S. interests at home and abroad. In this environment, identifying current and future trends for this organization represents a timely and important enterprise, and these issues are the focus of this study."
Tags: terrorism religion funding, war against terrorism
Abstract The author of this paper shows how the technologies critical to the U.S. for new weapons systems have become increasingly available in the global marketplace and thus are accessible to its potential adversaries as well. The paper provides an extensive review of the artificial intelligent systems currently used by the U.S. military aviation and their advantages.
From the Paper "It is CIE's job to determine what these actions mean right now, in the current situation. This explanation is formed based on current understanding of intent, situations in the external world, and knowledge about acceptable behavior in the cockpit.
"Understanding crew intentions is really only one function of CIE that ensures human-centered RPA behavior. CIE also dynamically identifies conflicts between the current crew intentions and RPA activities as posted by RPA's internal Task Network Architecture (TNA) scheduler. The TNA is the mechanism that coordinates RPA aiding activities. CIE can identify potentially counterproductive RPA behaviors and transmit an indication of conflict and also type of conflict so that the RPA Task Network can possibly identify a way to complete its scheduled tasks without being counterproductive to the crew's objectives."
Abstract This paper discusses the industrial relations and labor negotiations within the corporate structure of Australian companies. It examines the history of union density amongst the Australian laboring population, focusing on its decline in recent years. The writer shows how this decline and a corresponding increase in individual responsibility for negotiation has been reinforced by a retreated role of state involvement and resulted in a more independent, innovative, and less adversarial Australian work force.
From the Paper "According to a recent article on ?Future Directions for Industrial Relations,? the political thinker Richard Marles criticized what he saw as a shift in Australian labor relations from one which had taken into consideration the unique needs of the worker in contrast to corporate interests, to a more privatized approach to industry where worker's needs and corporate needs were assumed to be the same. (Marles Online Opinion) He states this is contrary to the overall positive trend in Australian labor policies. Marles traces the history of conflicts between labor and the emerging capital all the way back to the 1890?s. This conflict, he states, in the industrial markets was only resolved in 1904, through the introduction of the Conciliation and Arbitration Court. This ultimately became the Australian Industrial Relations Commission. The Commission's stated aim was to allow the inherent differing interests of capital and labor in the Australian economy to be resolved through a debate rather than letting the vagaries of the workplace determine how the cost of human toil was bought and sold. (Marles Online Opinion; "Trade Unionism" The World Book Encyclopedia Online)"
Abstract The paper shows that civil and organized means of expression not only strengthen the solidity of the union by increasing employee commitment, but also strengthen the entire business community by minimizing adversarial labor-management relationships. It shows that, therefore, an exploration of the other options that exist as opposed to radical acts is an important step to consider.
From the Paper "The more radical one's message and method of expressing that message, the smaller the audience that group will reach. Thus radical labor unions and controversy surrounding the right to free speech are connected not only in a legal sense but are strongly rooted in common sense as well. The more "user-friendly" a group's manner of communicating is, the more likely it is to magnetize potential support. However if the message is communicated solely through radical means, the purpose of the message, no matter how meaningful, will be labeled extreme and essentially unreasonable. If the intent of the forum is to organize and improve workplace conditions, then the message must be expressed in manner that will not only be heard, but also reacted upon favorably."
Analyzes the government's case against this computer firm. Provides an overview of antitrust law and an assessment of arguments and rhetoric on both sides of the case.
1,350 words (approx. 5.4 pages), 6 sources, 1999, $ 47.95
Abstract The American court system is structured to be adversarial. Nowhere is the form of argument taken to a higher level. Lawyers by definition should be great debaters, paid to make the best arguments in favor of their clients. Only when lawyers make the best arguments do they succeed in proving their case and perform their job successfully.
From the Paper "The American court system is structured to be adversarial. Nowhere is the form of argument taken to a higher level. Lawyers by definition should be great debaters, paid to make the best arguments in favor of their clients. Only when lawyers make the best arguments do they succeed in proving their case and perform their job successfully. Currently the lawyers at the Microsoft Corporation are busy trying to come up with the best arguments possible to prove the company has not been engaged in the monopolistic and anticompetitive practices of which it has been accused.
A brief synapsis of what led to the situation Microsoft now finds itself in is presented at the onset of this paper. It includes a brief history and description of U.S. antitrust..."
Abstract Teams and team management are replacing the traditional adversarial relationship between management and labor in a variety of environments. Companies are switching to team-based approaches because they have found that such approaches lead to higher productivity, higher quality and can be more cost-efficient than traditional solo efforts.
From the Paper "Introduction
Teams and team management are replacing the traditional adversarial relationship between management and labor in a variety of environments. Companies are switching to team-based approaches because they have found that such approaches lead to higher productivity, higher quality and can be more cost-efficient than traditional solo efforts. Teamwork also tends to improve job satisfaction, motivation, and employee morale, resulting in lower turnover and long-term productivity at the organization. Without trust, however, teams cannot be effective. Trust is the element that enables team members to achieve their individual, and thus the team's goals. This research examines team environments and how trust can help build teamwork, as well as how teamwork and trust can be applied in retail car environment."
