Criminal Law History
An overview of the developments in English criminal law (and its applications) up to 1850.
Essay # 54181 |
2,656 words (
approx. 10.6 pages ) |
6 sources |
MLA | 2003
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$ 47.95
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Abstract
This paper examines how the period of the industrial revolution was possibly the most influential period in the development of the criminal law and the associated institutions. It looks at how a shift from punishment to the beginnings of rehabilitation took place and how many fundamental concepts of a fair system were beginning to appear to create a solid foundation for what we have now. It also explores how the ideas of justice, equality, reasonableness and the rule of law took over from a simple system of revenge.
From the Paper
"One of the most important changes that occurred during, and partially due to, the industrial revolution was the concept of democracy and the development of a central government with greater powers. This increase in centralisation led to a shift of control from landowners and representatives of the monarch to an elected body able to pass and execute laws on a national basis, rather than the execution being done on a local scale, or as Foucault puts it, a shift from sovereignty to government . This coupled with the migration of people out of the countryside and small rural parishes into sprawling cities broke down the social pattern that had been well established. No longer were people tied to land and thus the land owner, but a free market where people could freely sell their labour to the highest bidder."
Tags:industrial, revolution, peel, democracy, justice, rehabilitation
This paper discusses political law in the United States.
Essay # 38113 |
1,900 words (
approx. 7.6 pages ) |
5 sources |
2002
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$ 36.95
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Abstract
In the US the right wing political ideas refer to the conventional values and conservative ideas that resist legal equality, individual power and nationalism. They support a system that relegates military authority as supreme. On the other hand left wing ideology refers to the rights of the individual and tolerance for other groups, it equates justice and freedom, law and order with equality.
"This paper discusses the law relating to equality in the European Community EC: Non-discrimination involving commercial entities & individuals by nation & gender, Court of Justice and Treaty of Rome, principles, labor, equal pay for equal work, pensio
Research Paper # 21823 |
8,100 words (
approx. 32.4 pages ) |
65 sources |
1995
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$ 104.95
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"This paper will discuss various aspects of the law relating to equality in the European Community. The paper will specifically focus upon how the European Court of Justice has interpreted various provisions of the Treaty of Rome, the subsequent EC Treaty, and the directives issued by the European Council with regard to equality. The first part will provide an introduction to the idea of equality in the law of the European Community. The second part will examine the principle of equality with regard to gender in EC law. Within this section, the main emphasis will be upon Article 119 of the Treaty of Rome, which mandates equal pay for equal work. This part will also discuss the important directives concerning equality adopted by the Council and directed towards the Member States."
This paper discusses law and justice in the US, focusing on the US Supreme Court.
Term Paper # 105116 |
1,700 words (
approx. 6.8 pages ) |
7 sources |
MLA | 2008
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$ 33.95
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Abstract
In this article, the writer explores the origins and history of the Supreme Court of the United States. The writer traces the early role of the court in the course of the development of the country. The writer notes that the Court is not without controversy, and decisions made have come to be symbolic of the wrongs of society, and the correction of these mistakes demonstrates the ability of the court to adapt and lead modern thinking. Finally the requirements of how a case is brought before the Court are discussed.
From the Paper
"In the constitutional scheme developed nearly two hundred and thirty years ago, the judiciary was established as one of the three co-equal branches of the federal government. Yet, Article III of the Constitution is surprisingly brief as to the establishment of the structure, duties and make up of a very powerful branch of the government. The court has been left largely to its own devices as how it conducts its affairs and what cases it chooses to hear, given the charge of original jurisdiction over a very few cases, the Supreme Court has become an institution equated with the preservation of civil liberties in our modern society. The history of the Supreme Court is the history of the United States and its struggle to maintain the Republic through a wide variety of challenges and crisis. A focus of political angst and a vestige of last hope for the oppressed members of society, whose imperfect judgment has stood the test of time, and corrected its past errors. With little Constitutional direction, this body has shaped modern society."
"The Supreme Court of the United States has jurisdiction over cases involving Ambassadors and other public ministers, cases of admiralty and maritime jurisdictions, controversies between two or more states, between the state and a citizen of another state and appellate jurisdiction over lower courts."
Tags:judgment, jurisdiction, state, legislation
This paper looks at contract law and concentrates on the issue of breach of contract in Canada.
Analytical Essay # 130924 |
1,250 words (
approx. 5 pages ) |
0 sources |
APA |
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$ 25.95
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Abstract
In this article, the writer discusses that businesses in Canada are bound by many laws. Important among these are contract law, as these govern the contracts that businesses make with each other, and with private persons. This essay discusses the law of contract, and especially laws that apply to breach of contract.
From the Paper
"This will be related to an interview I conducted with Mr. James Pflanz, who is a lawyer specializing in small business issues. The main purpose of contract law in our society has been summarized in this way: Civilized societies promote cooperation, and few institutions do so more ..."
Tags:law, justice, equality
This paper explores the maintenance of law, order and democracy within the justice system.
Term Paper # 109104 |
1,523 words (
approx. 6.1 pages ) |
6 sources |
APA | 2008
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$ 30.95
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Abstract
The paper refers to the book "Why People Obey the Law" by Tom R. Tyler, which addresses the writings of various authorities who question the tie between law, democracy, government policy and behavior. The paper shows how the theories of government are crucial to the successful administration of public policies and the compliance of the people to the law. The paper discusses how the public tends to resist overly exercised deterrent measures but, if there is trust that the judges administer justice equally, the public adheres to the law willingly.
From the Paper
"Laws were designed to control public behavior. There are many theories of how compliance with the law can be achieved, but most use threats or the use of punishment. The idea of deterrence, Tyler points out, has been widely utilized since the 1980s and has remained the predominant way social order has been maintained into the twenty-first century. The values of the normal populace are based upon voluntary deference to authority, because doing so is part of their obligation to and respect for their leaders. However, the way that a local government manages social order among its residents does not apply to how nations might maintain social order among other nations in the world, which is something the U.S. has had to contend with this century."
Tags:government, policy, behavior, compliance, deterrence
The paper examines law and regulations relating to labor discrimination, the Equal Pay Act and the reality of labor discrimination in today's workforce.
Research Paper # 145577 |
6,020 words (
approx. 24.1 pages ) |
20 sources |
APA | 2010
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$ 85.95
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Abstract
This study takes a detailed look at the laws and regulations pertaining to labor discrimination, the Equal Pay Act and how labor discrimination is a function of todays labor market. The paper also
examines the reality of gender discrimination in today's world and work force. The paper examines the laws and policy related matters as well as the theoretical positions of researchers and research findings in this area of study.
Outline:
Objective
Definition of Labor Market Discrimination
Background to the Study
Introduction
Examination of Equal Pay
Sex Discrimination Act
Gender Equality and the Role Of Law
Theoretical Perspectives Examined
Comparable Worth
Examination of the Theorists
Discussion
Bibliography
From the Paper
"On January 9, 2009 it was reported by Jim Abrams in the work entitled: "House Approves Bill to Fight Wage Discrimination" that the "House Democrats...energized by the prospects of a pro-labor president...marked the first week of the new Congress...by pushing through two bills to help workers, particularly women, who are victims of discrimination." Abrams relates that this act would effectively reverse the 2007 Supreme Court decision concerning the allotted time in which a worker is allowed to file a wage discrimination previously limited to 180 days of the "first decision to pay that worker less, even if the person was unaware of the pay disparity." (2009)
"The previous decision arose from a case in which Lilly Ledbetter, a supervisor at a Goodyear Tire & Rubber Co. plant located in Gadsden Alabama sued the company over pay discrimination "when she learned, shortly before retiring after a 19-year career there, that she earned less than any male supervisor. A jury ruled in her favor, but the Supreme Court, in a 5-4 vote, threw out her complaint, saying she had failed to sue within the 180-day deadline after a discriminatory pay decision was made." (Abrams, 2009)"
Tags:discrimination, federal, law, employer, equality, justice, employee, male, female, wage
A look at the definition of equality in terms of social justice.
Term Paper # 91800 |
986 words (
approx. 3.9 pages ) |
5 sources |
MLA | 2007
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$ 21.95
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This paper examines how the concept of equality is central to Western society and reflects the secularization of the Christian notion of equality before God. It looks at how early social theorists such as Thomas Hobbes, Jean-Jacques Rousseau, and John Locke, acknowledged the inequality of natural gifts and how they believed in the equality of individuals within the institutions of civil and political society. It discusses how the three distinct meanings of equality that inform most debates over social justice and provide many of the dividing lines of Western political life are equality before the law, equality of opportunity and equality of results or condition.
From the Paper
"Economic stratification by a combination of class, race, gender, region, religion, and ethnicity is still a central feature of the majority of societies and a strong determinant of life outcomes (Calhoun 2002). Although all societies accept some inequality, "they differ in the type and degree that are considered appropriate," and differ in the "degree to which they accept inheritance as the basis for inequality," thus inherited inequality has been discouraged in modern societies "in favor of an emphasis on merit-based rewards" (Calhoun 2002).
Much research has been conducted concerning the mechanisms that produce patterns of wealth and poverty over time, "especially those that inhibit social mobility in spite of social policies designed to create access to wealth," especially public education (Calhoun 2002). "
Tags:rousseau, locke, hobbs, law, amendment
This paper details the debate over the proposal to introduce the inquisitorial system of justice used in the European Union to Britain.
Analytical Essay # 8456 |
3,835 words (
approx. 15.3 pages ) |
11 sources |
APA | 2002
$ 63.95
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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)"
Tags:magna, carta, britain, european, union, adversarial, justice, criminal, evidence, countries, judge, procedure, evidence, parties, language, communities, power, role, miscarriages, wealthy, misdirection, trial, senstational, media, truth, falsification, merit, dignity, human, victims
This paper shall examine the Constitutional requirement of "Equal Protection Under the Law" with the statistical reality that African-Americans and Hispanics are disproportionally represented in the criminal justice system. From the earliest ...
Essay # 138131 |
1,250 words (
approx. 5 pages ) |
3 sources |
APA |
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$ 25.95
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This paper shall examine the Constitutional requirement of "Equal Protection Under the Law" with the statistical reality that African-Americans and Hispanics are disproportionally represented in the criminal justice system. From the earliest encounters with law enforcement the phenomenon of "Driving while black" will be explained as the initial contributing factor to this statistical reality.
From the Paper
Abstract This paper shall examine the Constitutional requirement of "Equal Protection Under the Law" with the statistical reality that African-Americans and Hispanics are disproportionally represented in the criminal justice system. From the earliest encounters with law enforcement the phenomenon of "Driving while black" will be explained as the initial contributing factor to this statistical reality. The unequal prosecution of crimes and the overrepresentation of minorities in the criminal justice system will be identified and discussed. Equal Protection Under the Law
Tags:minorites, criminal justice system, overrepresentati