Abstract This paper analyses five higher order characteristics of consciousness as described by G. William Farthing and their role in a court of law in terms of a person's awareness of their own actions and the person's guilt or innocence of the consequences of those actions if the actions were damaging. View of consciousness and awareness of behavior are analysed from both theoretical and physiological points of view and their relationship to legal arguments.
From the Paper "The characteristic of continuity is another feature of consciousness that is important to consider when trying defining if the person has consciousness or not and whether or not there is intent behind and action. Continuity in consciousness points to the idea that consciousness does not stop (Farthing). This notion alludes to the idea that consciousness is such that it maintains a constant flow in terms of its persistent existence in the individual's life. This characteristic of consciousness states that there are no breaks or pauses in a person's experience of conscious living. Continuity of consciousness is also critical for the person to maintain a sense of personal identity (Farthing). Continuity allows and keeps the person constantly aware of his or her subjective reality and their part in it. "
Abstract This paper examines how law and social change have been intertwined almost since the beginning of time and how sometimes, social changes have required changes in the law and other times laws have been created or changed to force changes in society. It discusses the belief by the Court that law should be used to cause social change and how this varies somewhat depending on the kind of case that is being decided. It also looks at the reciprocal nature of law and social change that is present using court cases as examples.
From the Paper "In Plessy, the Court seems very interested in making law that would cause changes in society. In the main argument made by the Court it is pointed out that, while separate but equal has been the law for quite some time, requiring black and white individuals to sit in separate cars on passenger trains is saying to black individuals that they are not good enough to sit in the same passenger car with whites. The court is quick to point out that, essentially, the law also is saying that white individuals are not allowed to sit in the same passenger car with blacks. However, because blacks have traditionally been the race that has been oppressed, the disallowing of them to share a passenger train car with white individuals stigmatizes them as being unworthy and inferior to white race. Whether or not to say are inferior or is not up to the courts to decide, but they do attempt to point out in their opinion that separation of blacks and whites does not equal equality. Equality was the intent of the law, but it failed when it forced blacks to refrain from sitting with white passengers, thus making them feel inferior to the white race (Plessy, 21)."
Abstract This paper examines the constitution against the decisions of the Supreme Court and evaluates how the meaning of the U.S. Constitution has been shaped by the personalities, philosophies and composition of the members of the U.S. Supreme Court. The writer compares and contrasts two U.S. Supreme Court Justices with different philosophies of law and interpretation. The paper covers the theory and cites specific case examples and their impact on the United States.
From the Paper "We live in what is supposed to be the best nation on earth. We have freedoms that many do not have and we have opportunity that many never see. This country is one that embraces diversity and personal rights. While we have all of these things we have also reached a point in our existence where there are so many people and so many diverse ideas that its difficult to sort out what is and isn"t a constitutional right sometimes. The Supreme Court is often charged with making those decisions, which outs the Supreme Court in the position of not only interpreting the constitution but also shaping it as well by its decisions and rulings.?
Tags: government, run, structure, parliament, president, judge, court, decide, law
Abstract The paper discusses common law and explains its interpretations and many applications. The paper examines the history of the development of common law, and explores its connection to and the differences between equity law. The paper further details common law and explains it as an adversarial judiciary system of laws. The paper continues by explaining equity law and its origins. The paper concludes that in 1873 courts of law and equity were united in England. In the United States, courts of equity also developed, however there was no distinct separation between courts of law and equity in the federal system.
Outline:
Introduction
What is Common Law?
What is Equity Law?
Differences between Common Law and Equity Law Conclusion
From the Paper "The common law is made out of the dust of conflict - the Judges will have their feelings powerfully evoked on behalf of the various dramatis personae. They will experience emotions from appreciation to indignation and from approval to disapproval. It is only against that vivid background that the rationales for the decisions of cases are created. Common Law Judges do not often sail into the oceans of abstraction."
Tags: fraud, breach, of, confidence, criminal, matters, dramatis, personae
Abstract This paper focuses on Sharia law and its possible implementation as an alternative arbitrary court in Ontario, Canada. The author argues that given its misogynistic nature, Sharia courts should not be implemented as a means of relieving the overburdened Ontario judicial system. In fact, the author feels a Sharia court would be a travesty for Muslim women, who should enjoy the same rights and freedoms of all Canadian women, regardless of their religious belief system.
From the Paper "Sharia law is often seen as oppressive to Muslim women and misogynistic. Many who opposed the implementation of the Sharia courts in Ontario feared for the safety of Muslim women, and found its implementation to be a legitimizing of the goals of Islamic fundamentalists. Under Sharia, women's roles are quite defined.
Although women are not prohibited from working outside of the household there is a strong emphasis on domestic duties such as housekeeping and child rearing. Women, however, generally are not permitted to be clergy or religious scholars. Many fundamentalists believe that Sharia is interpreted to prohibit women from holding prominent jobs; therefore women are forbidden from working in government ("Sharia law", 2005)."
This article looks at the history of the Search and Seizure Law, known currently in the United States as law under the Fourth Amendment to the Constitution.
Abstract This paper examines the history and interpretation of the Search and Seizure Law. The writer discusses how such a law emerged and explains that those wishing to protect their property and privacy against unreasonable search and seizure have often battled governments, courts, employers, secular groups, and even one another in a struggle between the rights of the individual and the rights of the general public and legal systems. Yet while individuals struggle to retain their right to privacy and rights against unreasonable search and seizure, the United States Court system has consistently narrowed these rights. The writer maintains that it is this history of conflict that has led to the current interpretations of the search and seizure law, and has made these issues some of the most important in the United States culture today.
From the Paper "According to Roman culture, the house was under special protection of the household gods. Anyone who reached the fireplace of a house was offered the protection of the gods. Even Cicero discussed the concept of the home as a protected asylum, when he stated that the house of a citizen was to be defended since in was "a place of refuge so sacred to all men that to be dragged from thence is unlawful" (Lasson, 15).
However, it is in these Roman times that one can begin to see the shift to allow for certain types of search and seizure within a court of law. While individual persons were responsible for their own prosecution against others, they were still given a warrant, which allowed them full rights to gather evidence. This "evidence" included all papers and documents relating to the case, and was obtained through a search of the home of the accused, or through a search of any other home (Lasson, 16). As one can see, the ambiguousness of the warrant for search and seizure allowed the prosecution to search anyone, and seize any documents they felt "necessary"."
Abstract This paper examines how search and seizure law, known currently in the United States as law under the Fourth Amendment to the Constitution, has been in existence in one form or another since biblical times. It looks at how those wishing to protect their property and privacy against unreasonable search and seizure have often battled governments, courts, employers, secular groups and even one another in a struggle between the rights of the individual and the rights of the general public and legal systems. It discusses how the United States Court system has consistently narrowed these rights and how it is this history of conflict that has led to the current interpretations of the search and seizure law.
From the Paper "According to Roman culture, the house was under special protection of the household gods. Anyone who reached the fireplace of a house was offered the protection of the gods. Even Cicero discussed the concept of the home as a protected asylum, when he stated that the house of a citizen was to be defended since in was "a place of refuge so sacred to all men that to be dragged from thence is unlawful" (Lasson, 15).
However, it is in these Roman times that one can begin to see the shift to allow for certain types of search and seizure within a court of law. While individual persons were responsible for their own prosecution against others, they were still given a warrant, which allowed them full rights to gather evidence. This "evidence" included all papers and documents relating to the case, and was obtained through a search of the home of the accused, or through a search of any other home (Lasson, 16). As one can see, the ambiguousness of the warrant for search and seizure allowed the prosecution to search anyone, and seize any documents they felt "necessary"."
Through an analysis of three Supreme Court cases in Canada, this paper address legal issues that are termed "grey areas", or areas of law where the solutions are not always legally obvious.
900 words (approx. 3.6 pages), 3 sources, 2006, $ 35.95
Abstract This paper discusses how three Supreme Court cases in Canada address "grey areas" in the law, meaning areas in the law where there is some uncertainty whether the specific language of the law refers to an issue. This is called a grey area because the answer is not readily obvious, not black or white. The paper examines such grey areas by examining a case on abortion, a case on stopping motorists, and a case on commercial speech.
From the Paper "The Canadian Charter of Rights and Freedoms, also known as the Constitution Act, 1982, provides certain protections for Canadian citizens and is used to clarify the law on certain issues. However, there are certain grey areas in the law that have to be decided by the Supreme Court, which may use the Charter of Rights and Freedoms for clarification. A grey area occurs when there is some uncertainty whether the specific language of the law refers to an issue, and this is called a grey area because the answer is not readily obvious, not black or white. Several cases illustrate this process."
Abstract The question of the intersection of law and morality is one that has been the subject of debate among philosophers and jurists for centuries. In this essay the debate between Patrick Devlin and H. L. A .Hart with respect to the relationship between law and morality is explored with reference to R. v. Butler, a decision of the Supreme Court of Canada on the question of obscenity. The paper argues that in the Butler decision the Supreme Court adopted the utilitarian justification - as described by Hart - in its approval of the limitation of the freedom of expression of Donald Butler.
Abstract This paper discusses how the government of the United States has State Courts of various kinds in every state ensuring the protection of the American public and how the State Supreme Courts constitute the highest position in all state court systems. It examines the structure of four State Supreme Courts (New Jersey, New York, Alabama and California) by looking at their composition, functions and a major case from each State.
From the Paper "The Alabama Supreme Court, the Court of Civil Appeals and the Court of Criminal Appeals make up the Appellate Court system of Alabama (General Information). Shouldering judicial as well as administrative responsibilities, the Alabama Supreme Court ranks highest among the other courts of the state (General Information). "The Alabama Supreme Court has exclusive jurisdiction over all appeals where the amount in controversy exceeds $50,000 and appeals from the Alabama Public Service Commission" (General Information). All disputed as well as undisputed decisions made by the Court of Criminal Appeals and the Court of Civil Appeals can be reviewed by the Supreme Court General Information)."
Abstract This paper discusses the purpose of international law and the role that the International Court of Justice (ICJ) plays in resolving disputes between nation states. The large increase in the number of cases is favorably as it shows the willingness of states to use the Court to reaffirm their conviction in the legality of their position in a conflict against a stronger opponent.
From the Paper " For as long as history has been recorded, nation states have joined forces by entering into treaties in an effort to avoid violent conflict and war (i.e. League of Nations and Treaty of Versailles). In previous times, the Catholic Church mediated international disputes (Currie 2003). These agreements were implemented in an effort to prevent brutal crimes against society, somewhat like a rulebook for war. Treaties between nations involve all parties agreeing upon and adopting a set of rules that dictate interaction with one another ranging from battlefield rules to diplomatic protocol, including a framework for resolving contentious issues among states."
Abstract In this article, the writer discusses due process of the law, which is a term that has been used for many years. The writer notes that the general principle of this term is that everyone is entitled to a day in court when he or she has been accused or charged with a violation of the law. In addition, the due process of law mandates the belief that each person's case should be fully explored and heard before any judgment is rendered with regard to that case. The writer explains that the due process of law protects people from being deprived of their life, liberty or property as well as any rights that have been given to them by legislation or statute. The writer concludes that with illegal immigration being a hot topic throughout the nation it is important to understand how due process and equal protection of the law impacts those immigrants.
Outline:
Equal Protection of the Law Conclusion
From the Paper "This is interesting because for many years after the development of the constitution, African Americans were not treated equally. When they finally one the right to vote, their vote only counted as two thirds of a whole vote and they were allowed to be forced to sit at the back of the buses, and sent to Black only schools and other places that were designed specifically for that race. When it came to the law they were also discriminated against as they were treated differently in courts and jails and not afforded the same right to jury trials as their white counterparts were."
"Eventually this was challenged enough times that law makers made it clear all people meant all people, not just whites, or men or a certain economic group. It meant each and every person is to be afforded the same protection by the same laws."
Abstract This paper discusses the development of the concept of the battered wife and the use of the battered wife syndrome defense in a court of law. It then goes on to discuss the equality of this law and the emergence of the battered husband defense. The paper argues that the courts need to look at each case on its own merits with the same criteria for both men and women.
From the Paper "Many individuals are upset about this decision. Given the unequal treatment of women over the history of the United States and that there still exist questions of equality of the two genders in many aspects of society, it is understandable that those who support women's rights are not pleased about this ruling. Also, much of this concern rightly comes from the fact that many battered women have been left unprotected by a society that refused to protect them. When many of these women chose life over death, they were prosecuted and had to spend many years improperly imprisoned. Those in the legal profession did not know or care enough or were too biased to defend these women based on their abusive situations."
Tags: rights PTSD trauma rational, domestic violence
Abstract This paper investigates the federal legislation around telecommunications with focus on the Telecommunications Act of 1996. The author examines the history and formation of the bill, the people behind its enactment and how this law effects telecommunications. A look at laws pertaining to use of the Internet.
From the Paper "Few pieces of federal legislation enacted during last decade have been as important or as controversial as the Telecommunications Act of 1996, for in addition to bringing federal laws in line with 21st-century telecommunications technology and 21st-century communications habits, the law also sought to set a levy of accountability on the Internet that many people believed was tantamount to a violation of the First Amendment and to censorship ? a charge that the U.S. Supreme Court would later side with when it struck down the "decency" provisions of the law. This paper explores the legislative history of the bill, the interest groups that were in involved in lobbying on either side and an evaluation of the law. "
Abstract A detailed examination of the U.S. Supreme court and the type of matters it addresses. The author argues that issues of politics and political controversies should be taken into account by the supreme court as often they form constitutional issues, and supports this view by emphasizing the chief objective of the U.S. supreme court: to preserve the principles and rights guaranteed in the U.S. Constitution. The paper includes an analysis of various politicians and an explanation of the roles of the supreme court and judiciary.
From the Paper "When political beliefs and thoughts evolve into law, often times, constitutional issues arise alongside. Although the U.S. Supreme Court has the license to decide whether or not to adjudicate matters involving hot political topics, past history has indicated that the Court has not been inclined to evade such questions, but rather, to thoroughly delve into such controversies. As a staunch Federalist, Alexander Hamilton had strong beliefs and ideas as to how the infant U.S. government should be set up and efficiently run. As opposed to Thomas Jefferson's notions on the importance of strong state governments, Hamilton believed in the superiority of a powerful central government body. He set forth his political views in the Federalist papers, examining all aspects of government and focusing on the role of the judicial branch in numbers 78, 79 and 80."
