Abstract In this article, the writer discusses and compares common law and civillaw. Further, the writer discusses international dispute resolution.
From the Paper "This section of the report will compare and contrast the common law legal system used in the United States, England and Canada with the civil law system that is used in most of continental Europe. Common law is described by Hall as the body of judge-made law that was administered in the royal courts of England King's, Queen's, Bench, Common, Pleas Exchequer and Exchequer Chamber in contrast with other bodies of English law administered in different courts such as equity admiralty canon ... "
Tags:law, international disputes, common law, civillaw
An analysis of the history and application of systems of law in the past and present and the application of capital punishment in the United States today.
Abstract This paper examines the history and practice of the common law system and then looks at civillaw and its basis and application. The paper compares these two systems of law and discusses how different countries employed different systems of law in the past and still do in the present. The paper then focuses on the issue of capital punishment in the United States, in terms of its history and current practice.
From the Paper "Currently, it is recognized that the use of capital punishment could not be deemed common practice in the United States. On average, there has been one execution for every 700 homicides carried out. However, there is a great deal of variability in rates of executions from state to state. For example, Nevada and Texas have a fairly high rate of people who have been sentenced to die via execution. A 2004 study found that Texas executed a percentage of convicted criminals that was nearly four times higher than the nationwide average, while it was discovered that California had put to death only 1% of people who had been sentenced. In the United States, about three- quarters of the states have held onto the death penalty as a form of punishment. However, nearly two-thirds of all of the executions that have been administered since 1976 have taken place in only six states: Texas, Virginia, Florida, Missouri, Louisiana, and Oklahoma. In the minority for those falling victim to the death penalty are women, with African Americans bearing the brunt of the rates of execution (Ferrall)."
Abstract This paper discusses three major legal systems. The legal systems discussed are: The Common Law system, the CivilLaw system and the Islamic Law system based on Shari'ah. The Common Law system is discussed in relation to the United States and England while the CivilLaw system is discussed in relation to the European continent. Finally, Islamic Law is discussed primarily in terms of its application throughout Islam.
From the Paper "The nature of law has been a hotly contested subject ever since Hammurabi first had his code carved in stone circa 1775 B.C. (Deffains & Kirat, 2001, p.19). Since then, law has been subjected to myriad interpretive analysis, written, rewritten and canonized in various ways: Islamic Law associated with Shari'ah, the Common Law of England and the United States and the Civil Law structures found across most of Europe. The only common dialectical thread through all these historical bodies of law and legal systems, both current and past, is that law is not an exact science."
Abstract In this article, the writer considers overlap in criminal and civil cases and the Scott Peterson and Robert Blake murder trials. The writer looks at the reliance of both cases on circumstantial evidence. Further, the writer discusses circumstances that allow civil cases (tort lawsuits) after murder case.
From the Paper "Civil law pertains to the duties existing between persons or between citizens and their government. In contrast, criminal law has to do with a crime defined as a wrong against society, proclaimed in a statute and punishable by a fine and or imprisonment or even in some cases death. Crimes are offenses against society as a whole and are therefore prosecuted by a public official such as a District Attorney or Attorney General and not by victims as is the case ... "
Tags: torts, civillaw, criminal law, Soctt Peterson, Robert Blake
Abstract This paper gives an explanation of the concept of assault and battery under the Tort Law ( civillaw ). Both concepts are treated separately. The conditions for any assault or battery to take place are explained with examples throughout.
From the Paper "Humans are aggressive and violent by nature. There are people who are capable of committing serious acts of violence against their own kind. Since the beginning of civilizations, crime has remained an integral part of our society and will continue to plague it. In order to harness the violent nature of mankind, societies evolved rules and regulations commonly known as the laws. Any person found violating these laws is subjected to punishment which not only curtails the criminal's freedom but also serves as a deterrent for others. Law is a complicated subject but ignorance of law is no excuse. A common person generally has some knowledge about criminal law because incidents related to crime and delinquency remain on forefront of media. The other types of law do not form any sensational news and therefore remain in background. The purpose of this paper is to focus on civil law (commonly known as Tort Law) and analyze the implications of Assault and Battery by identifying the differences between the two and quoting suitable examples of each."
Abstract This paper examines how there are four types of legal systems in existence in the modern world: civillaw, common law, customary law, and religious law. It look at how all four types of legal systems have lengthy histories and share some common elements and how one can see the overlapping influence of different legal systems in each different type.
Outline:
Legal Systems
Transnational Crimes
From the Paper "Those countries associated with the common law are based on precedent and find their roots in English law. Common law systems give their judges the power to establish law and lower courts are required to follow those decisions. Therefore, the source of the law is custom and even in areas where there are no statutes there may be guiding laws. Legislatures continue to have the power and ability to make laws, but courts have the power to make law, not simply interpret it. More importantly, though the laws in common law countries have often been written and codified, it is the fact that judicial decisions initially formed those laws that separate common law countries from civil law countries. "
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper takes a look at the issue of a civil wrong versus crime. According to the paper, a civil wrong is also referred to as a tort, which is covered by the tort law, a branch of civillaw. The paper further reports that a crime is the violation of a public law and covered by criminal law.
From the Paper "In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or severely injured Joe with the bat. His words conveyed his intent to kill Joe. The intent was clear and complete from his utterance. The threat was fatal. Second, Bill's utterance expressed a specific intent to kill Joe and that he meant Joe to receive it as such. Bill may or may not have been able to carry his threat out, but his intent was clear and complete from his very statement. Third, the context and circumstances in which Bill made the threatening statement also convey the same fatal intent. Bill had been giving Joe a hard time about the latter's tardiness for several days. Bill could have taken suspected that Joe intentionally retaliated when Joe accidentally hit him with a ball. And fourth, the verbalized threat was unmistakably clear, unconditional, immediate and specific. The words were precise and to the point. They sounded immediate, as Bill already held the bat in his hand and charged at Joe. The threat of death or grave bodily hard was specific upon Joe. Bill's clear words and the act of charging Joe and with the bat in hand also presented the factor of immediacy. The weapon was present and visible and accompanied the verbal threat. Bill need or need not demonstrate the immediate ability to carry out his threat. But the words he used were of an immediately threatening nature and conveyed the immediate performance of the fatal or serious threat. Bill's verbal threat and act of charging Joe with a bat were enough to evoke sustained fear in Joe. The conditions were enough to prove a criminal threat against Bill."
Abstract This paper will discuss how title IX of the Civil rights code should not be repealed just because of the over abundance of minority and female employment in the sports world. By simply taking this law away because of this problem, we endanger the idea of what the Civil rights fight was all about. By acknowledging that the Civil Rights laws are there, it should not be something that is dropped because of the very danger of it returning by its abandonment. The history of the Civil Rights fight was fought over this barrier in female sports, and if it is taken away, then it might give an impetus to racist business owners to take advantage of this void because it has been dropped. In other words, racism is not gone, regardless of the vast amount of female and minority athletes in the American scope.
Abstract Will Durant, in "The Story of Civilization", argues that the development of the law of nations was in effect a fiction or a rationalization of Roman supremacy or economy of force. This essay proposes to refute this view with reference to a range of scholarship on the philosophy and history of law. The paper argues that it is in Durant's identification of the law of nations and natural law with Roman law that we find the central flaw in his argument.
Abstract The paper reviews the history of the Council of Europe and The Convention for the Protection of Human Rights and Fundamental Freedoms, commonly known as the ECHR (European Convention on Human Rights). The paper analyzes the history of human rights in the UK beginning with the Magna Carta of the 13th century, and continuing into the 20th century, when legislation was developed to coordinate British law with the original ECHR of 1949 and its subsequent charters and protocols expanding European protections of civil rights. The paper reviews various sections of the ECHR and compares them to English Common Law and provisions of the UK's Human Rights Act of 1998. The paper discusses the difference between non-derogable rights and derogated rights, citing several relevant sections of the ECHR. It also examines several points of the ECHR and considers their acceptability under UK law. In conclusion, the paper finds that the ECHR laws are quite complex and that new British legislation only furthers the dissonance with their applicability to the UK.
Table of Contents:
Introduction
Analysis
Conclusion
Bibliography
From the Paper "The Council for Europe had been originally established at the end of the Second World War and had an objective of the protection of Europe against totalitarianism and atrocities that were witnessed during the war. This council had the convention as a treaty within the actions it took. (European Convention on Human Rights) The United Kingdom was one of the founder members of this convention and also involved in the design of the law. It was also one of the first countries to approve the treaty. It has also appeals to be made to the European Commission for Human Rights since 1966. The influence of the Convention has been growing in the UK during the past ten years as the European Court of Human Rights are now taking quicker action about the appeals that are being made to it. (The European Convention on Human Rights)"
Abstract This paper discusses how the law regulates the number, content, creation, transfer and extinction of absolute rights and how this favouring of certain property arrangements is known as the numerus clausus concept which is an important expression of the fundamental principle of unity that underlies modern property law. It looks at how the numerus clausus concept still plays an important role in both civillaw and common law systems today and how the key legislative justification for its survival lies with the fact that limiting legal categories creates more legal security and reduces information costs.
Outline:
Introduction
The Numerus Clausus Concept
Property Rights - in Rem Nature
Property Rights - Communicative Function
Property Rights - Massive Generative Power
Property Rights - Optimal Standardisation
Property Rights - Impersonal Nature
Property Rights - Verification Function
Property Rights - Bipolar Character
Property Rights - Fragmentation
Conclusion
From the Paper "Ultimately, Merrill & Smith propose that the numerus clausus concept leads to an 'optimal standardization' of property rights at the point where the marginal frustration and measurement costs (MC) is equivalent to the marginal benefits (MB) i.e. MC = MB. This means that there will be an optimal number of forms that will keep costs and benefits in the balance. On the contrary, if the continual availability and creation of a variety of new forms was allowed, this will be counter cost effective, where MC will increase and MB will decrease with each new form because a few property forms suffice as building blocks for the complex transactions a modern economy requires."
Abstract This essay discusses how it is sometimes imperative to disobey the law. There are indeed many circumstances one can think of in which disobeying the law might be the ethically right thing to do. A general right of civil disobedience is defensible.
Abstract The paper discusses the Free Soil party platform that opposed the compromises being contemplated by northern congressmen to placate the demands of slave states for extending slavery in the free states. The paper then explains how the doctrine of nullification, the philosophy of manifest destiny and the Fugitive Slave Law also contributed directly or indirectly to the start of the Civil War.
Outline:
The Free Soil Party Platform
The Doctrine of Nullification
Manifest Destiny
The Fugitive Slave Law
From the Paper "When people discuss the split over slavery between the Southern and Northern states in the pre-Civil War decades, it is often assumed that the Northerners opposed the spread of slavery beyond the already existing 'slave states' of the South for moral reasons . The impression is not accurate. Many Northerners (including Lincoln) opposed slavery mainly because they feared that black slave labor might spread to the North and threaten the economic and political interest of free white farmers."
Abstract The paper discusses the Compromise of 1850 that was a series of laws that attempted to resolve the territorial and slavery controversies which arose from the Mexican-American War. The paper focuses on the Fugitive Slave Law, the most controversial act of the Compromise of 1850, that enforced the return of runaway slaves to their owners. The paper then looks at the impact of Frederick Douglas, the novel "Uncle Tom's cabin", William Lloyd Garrison, the Kansas Nebraska Act, the violence of John Brown and the "Dred Scott" decision. The paper shows how eventually seven states seceded from the Union, becoming the Confederate States of America, and caused the outbreak of the Civil War.
From the Paper "When gold was discovered in California 300,000 people rushed to the state seeking riches. While most of those rushing to California were American, news of the discovery also attracted tens of thousands of Latin America, Europe, Australia and Asia. The Gold Rush caused California to develop rapidly. San Francisco changed from a tiny town with tents to suddenly having a boom in population and economy. Roads, churches, schools and other surrounding towns were built and a system of laws and a government were created. As a result of California's rapid development, it was admitted as a state in 1850. ("California Gold Rush")"
