A critical analysis of the United Kingdom's constitution, focusing on arguments for and against a codified, written constitution.
Analytical Essay # 145587 |
1,101 words (
approx. 4.4 pages ) |
4 sources |
APA | 2010
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$ 22.95
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Abstract
This paper focuses on the United Kingdom's (UK) constitution, presenting arguments both for and against a codified, written constitution. The paper explains that the United Kingdom's constitution is much more flexible than the United States', and it can be amended simply by an act of parliament; in fact, statute law, or the laws that are passed by Parliament, is the major source of the UK constitution. After evaluating the United Kingdom's unique constitution, the paper asserts that both sides have exceptionally well-crafted arguments. However, the paper notes, the United Kingdom's constitution has been part of its historical foundation for centuries, and its unconventional policies stress the values that the United Kingdom finds important. The paper concludes that just as the United States' written constitution puts a focus on the citizens, the United Kingdom's constitution focuses on the law itself; furthermore, the advantages of the United Kingdom's constitution are integral in a country in the current evolution of a European Union.
From the Paper
"Despite the fact that the partially unwritten, uncodified constitution imparts sovereignty to the parliament, the emergence of the European Union has questioned this. According to McEwen (2004), "EU membership necessitates the 'pooling' of sovereignty over areas where the member states have agreed to act together." Furthermore, McEwen (2004) states that the European laws are "considered legally superior to domestic law." Unlike the United Kingdom's government, which does not include a superior court to verify legislation, the European Union's European Court of Justice "protect[s]" the European Union's legislation. Thus, the European Union has sovereignty over British legislation."
Tags:England, Britain, law, popular, reform
This paper addresses recent concerns about Internet privacy, concentrating on legal and ethical concerns. In particular, a bill is being introduced in the Senate this spring which aims to codify in U.S. law the rights and responsibilities of information
Essay # 37154 |
1,650 words (
approx. 6.6 pages ) |
7 sources |
2002
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$ 32.95
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Abstract
This paper addresses recent concerns about Internet privacy, concentrating on legal and ethical concerns. In particular, a bill is being introduced in the Senate this spring which aims to codify in U.S. law the rights and responsibilities of information suppliers. In the past, the United States has taken a "hands-off" approach to regulating information, in the hopes that the industry will engage in self-regulation. Self-regulation is not advancing rapidly enough to satisfy either the Federal Trade Commission or the recent European Community Directive. The paper presents and supports the opinion that it is imperative that the United States pass legislation which will address Internet privacy issues and forestall any restrictions U.S. companies may have in dealing with Europe.
Tags:CRIMINAL JUSTICE, LEGAL ISSUES, CENSORSHIP, POLICY / LAWS, issues internet privacy
This paper discusses the issue of "utmost good faith" in marine insurance.
Essay # 66010 |
1,415 words (
approx. 5.7 pages ) |
4 sources |
MLA | 2005
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$ 28.95
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Abstract
This paper explains that the question of whether or not the presence of "utmost good faith" in marine insurance is equitable to either the insurer or the insured is a question of global debate, because, although it is codified in very old law, the advent of containerized freight has brought the issue to the forefront in several nations. The author points out that the investigation done by an Australian expert provides a clearer picture of these problems of the nation's position concerning the Marine Insurance Act and strongly suggests that the entire Marine Insurance Act be removed from the realm of the English Common Law and placed under the control of the United Nations. The paper relates that the inevitable question of precisely who does suffer the most--the insured through their ignorance, negligence or outright fraud or the insurers and the re-insures for failing to use protective technology and instead simply make the premiums higher to cover their actuarial losses; however, the real cost is borne by the citizenry of the world as another hidden tax.
Table of Contents
Thesis Statement
The History and Background of the Law
The World Wide Effects upon Nations
The World View and Conclusions
From the Paper
"In his discourse concerning the Law of Marine Insurance - Utmost Good Faith at least in the sphere of Australian trade is having far too many losses therefore placing an unfair burden upon the insurers where perhaps the insured are quite possibly at fault. Again there are copious court cases cited in this section. It is this section of the law too that the Chancellor relates the United Nations efforts at curbing and enforcing the Utmost rules, but they have fallen miserably short of their goal."
Tags:containerized, australia, codified, insured, tax
This paper examines the inherent bias in the death penalty and attempts to establish the root of this bias which has seen an unequal proportion of minorities and blacks executed compared to whites.
Comparison Essay # 62940 |
1,400 words (
approx. 5.6 pages ) |
2 sources |
MLA | 2005
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$ 28.95
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Abstract
Laws are established according to the prevailing norms and customs existing in society. Thus, the law is merely a codified edict of social conformity. However, when building consensus, there is rarely, if ever, unanimous decision-making. Bias is always prevalent. Even though every citizen is equal before the law, not every citizen may be judged equally before the law. This paper illustrates this principle by using the death penalty as an example, and showing that it is racially biased and disproportionately handed down in cases involving racial minorities. It shows this through the use of statistics and by illustrating factors that lead to the discrepancy between the proportion of minorities in the population and the proportion of minorities sentenced to death in the judicial system.
From the Paper
"Since its inception, the death penalty has encountered constant opposition, and has been embroiled in court cases challenging its constitutionality. Opponents of the death penalty challenge it under the eighth amendment of the constitution, which prohibits cruel and unusual punishment. One of these most notable cases is that of Furman v. Georgia (1972). In this case, Justice Marshall, who wrote the majority opinion, explored the roots and different facets of the death penalty, and ultimately "arrived at the conclusion that the death penalty violates the Eighth Amendment..." (Furman v. Georgia, 1972). One key point of evidence was his contention that the death penalty is discriminative, and in presenting supporting evidence, he believed "that the following facts would serve even the most hesitant of citizens to condemn death as a sanction..." (Furman v. Georgia, 1972). He states that out of 3,859 people who have been executed since 1930, 1,751 were white, and 2,066 were black. 3,334 of the executions were for murder, of which 1,664 were white, and 1,630 were black."
Tags:bias, death, law, legal, marshall, opposition, penalty
Examines ethical relationships between healthcare providers and other staff members in the healthcare industry.
Research Paper # 61713 |
5,309 words (
approx. 21.2 pages ) |
12 sources |
APA | 2005
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$ 78.95
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Abstract
This report deals with the subject of ethical relationships between
administrators and physicians in the healthcare setting and also looks at issues of ethics in general in the hospital setting. Specifically, this report looks at current problems in administrative ethics and also seeks to portray possible solutions to these problems which center around everyday ethics and codified structures of ethics and education, while also making recommendations for future research. One ethical problem that is examined is confidentiality; another is inter-professional relationships. All administrative ethical questions are referenced back to the main motivation of the healthcare staff of both administrators and physicians: doing what is for the good of the patient or client. The report examines issues of integrity, policy, practice, ethical codes, and the relationship between client and caregiver, while examining the changing roles of physicians and administrators in reference to the client's needs.
Table of Contents:
Introduction
Confidentiality and Integrity
Ethical Policy and Practice
Relationships between Professionals
Relationship to Patients
Proposed Solutions
Future Research
Conclusion
Bibliography
From the Paper
"Professional relationships, in contrast, are not relationships between professionals and clients, but relationships between two or more professionals. These relationships are also covered in various ways by the various codes discussed including IECs. Although dual relationships are possible within this context, there is more of a sense of responsibility in maintaining a helping environment among co-existing professionals who respect each other and are not exploitative in their positions within hierarchical relationships."
Tags:IEC, nurse, public, trust
An analysis of Niccolo Machiavelli's ideas about leadership.
Essay # 67178 |
2,950 words (
approx. 11.8 pages ) |
1 source |
MLA | 2006
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$ 52.95
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This paper analyzes Machiavelli's notions of a good leader, which are based on his strength, cunning and intelligence -- and not on his notions of justice or commitment to kindness. The paper contrasts these ideas, which are codified in Machiavelli's book "The Prince", with those of Plato and Thomas More, which were upbeat and idealistic.
From the Paper
"To Machiavelli, a stark realist, Plato and Thomas More's upbeat idealism is a misguided attempt to credit the human race with more than they could ever achieve. The reality of it is, and Machiavelli saw this, that while Plato's writings may affect some people, and may change the thinking of small groups, it will never affect the masses so much as to cause change. Even in the time of Plato or Machiavelli there were just too many people set in their ways to hope to create a just society free of the corruption of at least one man. Machiavelli got it right when he said, "For he who wants to be a good man all the time will be ruined among so many who are not good" (Thompson 281). Based on how we live, and how we have lived for so long, anyone attempting to implement an idealistic society is doomed to fail at the hands of those who do not share his ideals."
Tags:leadership, society, prince, leader, war, cunning, Thomas, More, Plate, justice, utopia, republic
An examination of John Stuart Mill's philosophy of utilitarianism.
Analytical Essay # 23399 |
768 words (
approx. 3.1 pages ) |
2 sources |
MLA | 2002
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$ 16.95
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Nineteenth century British philosopher John Stuart Mill was the most important proponent of utilitarianism, a theory of morality for determining the rightness or wrongness of any action. This paper looks at Mill's 1863 book "Utilitarianism" in which he codified the principles of utilitarianism. The paper shows that Mill's principle of utility is helpful in distinguishing the rightness or wrongness of an action from the motives of the actor or agent. This principle of utility led Mill to support liberal feminism which he saw as morally right because allowing women the chance to make intellectual contributions to society promoted happiness for the greater number of people.
From the Paper
"People who sought to prohibit women from working may have had good motives, based on their religious beliefs or their fear of introducing social disorder. However, according to Mill, the result of these prohibitive actions was that society lost the potential contributions of educated women. Mill believed that the harm created by denying women's contributions to art and science far outweighed any potential good that resulted from maintaining the status quo. When judged by the principle of utility, the subjugation of women was thus a morally indefensible attitude that failed to promote the higher good. Despite their supposed good motives, people who fought against women's rights engaged in morally wrong actions."
Tags:Jeremy, Bentham, Subjugation, social, disorder
This paper explorers the identity of the true citizens of ancient Rome both citizens and slaves.
Research Paper # 5707 |
4,330 words (
approx. 17.3 pages ) |
4 sources |
APA | 2001
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$ 68.95
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Abstract
The paper advances the thesis that Roman identity originated as a fixed and highly codified concept in a legal sense because of the distinction of citizens and slaves that became problematic with the introduction of religious and civic pluralism during the expansion of the Roman Empire. The paper focuses on the broad, satirical comedies of Plautus and their depiction of slavery and the discussion of religion in the works of the historian Livy. It also includes some contrasting commentary by the earlier historian Polybius and his contemporary Saullst.
From the Paper
"What did it mean to be Roman in the context of ancient Roman society? On its surface, such a question seems obvious. To be Roman means to be a citizen, of course, to be a part of the great, famously "grand" empire that was Imperial Rome. But in analyzing the particular texts of the Roman period the question of who constituted a citizen in the ancient Roman empire, and of the ways in which the "public cult" of Roman civic and religious obedience was observed, this easy analysis of Roman identity is called into question.
In discussing questions of identity, the anthropologist Mary Douglas once observed "whenever a strict pattern of purity is imposed on our lives it is either highly uncomfortable, or, it leads into contradiction if closely followed, or it leads to hypocrisy." (Douglas 163) By making this statement, Douglas means that whenever a society has a strong definition of what constitutes its identity and core of values, it is almost impossible to follow the strictures imposed by that definition of identity in any close and accurate form without discomfort or contradiction. This was true of the definition of what it meant to be a good and virtuous Roman citizen from the empire's earliest days. According to the early historian Polybius, "Romaness" was an austere, military discipline."
Tags:roman, empire, citizen, slave, pluralism, plautus, livy, saullst, polybius, comedies, identity
A look at different views of America's social forms of engagement with one another, with the world, and with its own history.
Essay # 54536 |
1,976 words (
approx. 7.9 pages ) |
3 sources |
MLA | 2004
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$ 37.95
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Abstract
This paper examines how the rules of American social engagement come into play, not simply on a personal level, but are codified and defined on multiple levels. Through a review of the books, "Bowling Alone" by Robert B, Putnam, William K. Tabb's "Unequal Partners", and Alan Dawley's "Changing the World", it looks at how the changing and evolving rules of social engagement in America invariably relate to how, as a society, a complex nation such as America is constructed on a socially stratified level. It also explores how America functions on a globally stratified level among other nation states in a social and civic fashion and discusses how, although social engagement with one?s peers, with one?s fellow nationals, and with one?s fellow human beings may have grown increasingly atomized and absent in recent years, it does not mean such laws have been erased.
From the Paper
"All authors see a fundamental lacking in the way that Americans relate to other Americans, how America relates to the world community, and how America perceives its political responsibility to those in need within its borders and abroad. However, all three authors, because of the different paradigms they use to view this lacking of civic engagement, offer quite different solutions. Putman takes a sociological paradigm to examine American post-war Baby Boon social trends, Tabb uses the environmentalist and international relations paradigm of America's location in a global society, and Dawley takes the historian's point of view, contrasting the Progressive movement of the turn of the century with American social movements today, stressing the contemporary lack of political movements to cohere and achieve similarly internationalist and civic political ends."
Tags:baby, boom, community
Property Rights in the Digital Age
An analysis of the need for global harmonisation in international copyright laws and procedure in the digital age.
Research Paper # 57792 |
11,081 words (
approx. 44.3 pages ) |
34 sources |
APA | 2005
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$ 131.95
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Abstract
Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. This paper examines the idea that intellectual property throughout the world needs to be harmonised with the protection of a creators rights protected by a more codified international agenda.
Outline
Introduction: Why the Harmonisation of Copyright Laws and Systems is Important Especially in the Digital Age
The Main Issues of Current Copyright Protection in the Digital Age The Transformation of International Copyright Through International Treaties
The Obstacles in the Way of a Global Copyright System
Conclusion: The Future of International Copyright Laws -Further Harmonisation
From the Paper
"Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. As democratic governance involves public debate and open decision-making, the organisation of interests groups, and the free exchange of ideas, opinions and information is essential. To a greater degree than ever, open media provides a critical measure of progress towards democracy. Access to information and the right to freedom of expression are central elements in ensuring the voice and participation necessary for the development of a democratic, civil society."
Tags:copyright, digital, intellectual, international, law, property, rights