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."
Abstract 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). "
Abstract This paper explores how the public views the criminal justice system in the United States. The paper presents a history of the judicial system and reviews how the American public has gradually become less satisfied with the justice system specifically but also with general government institutions as well. The paper presents issues that relate to the judicial system, including crime levels, society expectations and political aspects. Finally, the paper offers suggestions for improving the system thereby increasing public approval.
Contents:
Introduction
Public Perception of the Legal System
Rule of Law Judicial Independence
EqualJustice Under the Law American Example of Justice to the Rest of the World
Personal Experience
References
From the Paper "Concern over recent challenges in the state and federal courts against individual judges, and concern over challenges undermining the authority of the judiciary as a whole, has reached a serious level. Challenges to judicial independence at the federal and state level include the unwarranted criticism of the judges; single issue campaigns against sitting judges; inadequate funding of the judiciary; judicial recall elections; proposed term limit constitutional amendments; partisan
delay in confirmation of federal judicial nominees; threats of impeachment and calls for resignation; and reductions in state and federal sentencing power and discretion."
Abstract This paper examines the issue of same-sex marriage in the United States and the equal protection clause in the United States Constitution. It discusses the background of the clause and the situation before the clause was introduced. The paper provides recommendations for a legal position for justice in the supreme court for the prevention of same-sex marriages.
Table of Contents:
Statement Of Thesis
introduction
Background Of The Study
Theoretical And Philosophical Basis For Position Against
The Position Of The American Psychological Association (APA)
Same-Sex Marriage Practical Aspects
International Validity Assigned To Same-Sex Marriages
Stance Of International Courts On Same-Sex Marriage
The 'Common Law' - What Is It And What Is It In The Issue Of Same-Sex Marriages Internationally?
Recommendation For Supreme Court Justice Decision
From the Paper "International bodies including the United Nations have made an indication that "opposite-sex definition of marriage provides for a full realization of human rights." (Today's Family News, 2006) Courts in other countries have also stated the same conclusion. The European Court of Justice ruled in 1998 that recognition of same-sex partners as different from opposite-sex common-law partners was in full compliance with the European Community Treaty (Grant v. South-West Trains, Ltd., C-249). This issue has not come before the European Court of Justice noted that the European Commission for Human Rights considers different treatment of same-sex couples to be in accordance with the European Convention on Human Rights and states: "I]n the present state of the law within the Community, stable relationships between two persons of the same sex are not regarded as equivalent to marriages or stable relationships outside marriage between persons of opposite sex. Consequently, an employer is not required by Community law to treat the situation of a person who has a stable relationship with a partner of the same sex as equivalent to that of a person who is married to or has a stable relationship outside marriage with a partner of the opposite sex." (Today's Family News, 2006)"
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 justiceequally, 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."
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 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 paper analyzes "The American with Disabilities Act" (ADA), the "Age Discrimination in Employment Act" (ADEA), and the "Family and Medical Leave Act" (FMLA), which are all-important pieces of legislation that have affected US federal, state and local businesses. The paper explains what each act deals with and handles and that each of these pieces of legislation have one thing in common, the anti-discrimination against American employees, both domestically and internationally. This paper explores each piece of legislation and determines their importance to American business as well as state, local and federal government employees.
Outline:
Introduction
The Americans with Disability Act (ADA)
ADA Defined
Description
History
Positive and Negative Issues
Importance
ADA Case Law Age Discrimination in Employment Act (ADEA)
Definition
Description
History
BFOQ (Bona Fide Occupational Qualifier Clause)Issues (Positive or Negative)
ADEA Case Law Family Medical Leave Act (FMLA)
Definition
Description
History
Positive/Negative Issues
FMLA Case Law Conclusion
From the Paper "A 'covered entity' can refer to any employment agency, labor organization or joint labor-management committee, employing 15 or more workers. When an entity discriminates against its workers, they do a great disservice against its workers; they do a great disservice against themselves as a whole. Entities that discriminate might "limit or classify a job applicant or employee in an adverse way". They might even "deny employment opportunities to those who truly qualify (yet are disabled)". Entities might also discriminate by "not making reasonable accommodations to the known physical or mental limitations of disabled employees with disabilities" or not advancing these same employees with disabilities."
Abstract This paper takes a look at human justice and the ideal of equality between the sexes, races, class and religions. The paper focuses primarily on the issue of women's rights.
From the Paper "Take, for example, a healthcare provider treating an aboriginal couple. Because of past historical injustices, today, even indigenous persons who have endeavored to become integrated into Australian society have higher rates of single parenthood, incarceration rates, and unemployment, and fall short of every possible Westernized measurement of success in contemporary life. (Calma, 2006, p.1) The instance of domestic abuse might seem to simply pose the question--did the indigenous husband commit the crime to which he or she was accused? If so, the person should be incarcerated. But previous inequitable social conditions may drive the roots of the difficulties between the couple, making the issue of reporting more difficult. Also, biased judges and juries may make the person's punishment, however unconsciously, harsher because of the defendant's race. To report an abusive man from a racial minority may be just, but it also may exacerbate an age-old historical injustice."
Abstract The paper explores human rights and equality legislation, sentencing options and the key principles of restorative justice. The paper explains how the conceptions of social and criminal justice differ in the way they conceptualise both the criminal and the crime. The paper then shows how in its present form, therefore, the legal system has largely negative consequences on the establishment and maintenance of social justice. The paper also points out, however, the many possibilities for allowing social justice to flourish.
From the Paper "The purpose of the legal system is to effectively administer the national law. Due to its very nature, the law aims to avoid ambiguity and thus offer a clear and set collection of rules and codes that are capable of universal enforcement. Although for decades there have been protracted attempts to include the ethos of social justice within this legal framework, the two concepts have often come into conflict with one another. The basis of social justice is that all aspects of society afford just and fair treatment for all, including that beyond the auspices of the law (Jordon, 1990) As such, the idea of social justice is capable of transmission to areas unavailable to the law."
Tags: human, rights, equality, legislation, sentencing, restorative, justice, social, work
This paper examines the lack of equality between the sexes that exists not only in the workforce, but in various areas of sports and athletics as well.
Abstract This paper explores the normally male dominated field of sports and athletics and the lack of equality between the sexes in this area. The writer of this paper contends that in most instances, equality of opportunity between the genders is mandated by U.S. law. This paper examines the Equal Employment Opportunity Act which is the major legislation mandating equality in employment as well as Title IX of the 1972 Education Amendments that mandates a move toward equality in college sports. This paper focuses on the career of jockey Julie Krone who was inducted into the Thoroughbred Racing Hall of Fame in 2000. The writer discusses Krone's battle with prejudice in a male-dominated field, that had at one time gotten her so depressed she had contemplated suicide. This paper details the various laws and achievements of exceptional women have struggled to bring about true equality in the field of sports. This paper also contains the text of two published articles regarding women and sports, that were used in researching this paper.
Outline:
Sports Equality at the College Level
Equality in Sports Professions
Conclusion
Works Cited
From the Paper "Krone made it in a man's sport and profession; it would be logical that other women would have followed in her footsteps. If one were to gauge the possibilities on the basis of a 1985 National Geographic production, The Ballad of the Irish Horse, one might think of equine sports and professions as the perfect place for women to break into a man's world. The father of a junior rider who competes in pony races, with betting and purses and all, said he didn't particularly like his teenaged daughter exposed to the dangers, but she loved it so much and was so good at it, he didn't have the heart to stop her. In the same production, there is also a women veterinarian at the Irish National Stud, breeder of many of the world's great race horses, and a segment on Lady Anne Hemphill, founder of Pony Club in Ireland, an organization to which many equine professionals once belonged."
Tags: women, gender, rights, equality, julie, krone, law
Abstract This paper studies the rules and regulations presented to the people by the area of law that provides anti-discriminatory laws, thereby offering equal employment opportunities to all the people entering and wanting to be the part of the corporate world. The second part of the paper applies this knowledge and the information given in the first part of the paper to a problem or an issue faced in an organizational setting.
Outline
Part One: Equal Employment Opportunity and Anti-Discriminatory Laws Title VII of the Civil Rights Act of 1964
All About Religious Discrimination
All About Race-Color Discrimination
All About Pregnancy Discrimination
All About National Origin Discrimination
The Age Discrimination in Employment Act of 1967
The Equal Pay Act of 1963 (EPA)
Employment Non-Discrimination Act (ENDA)
Employment Discrimination Against Gays and Lesbians
The Civil Rights Act of 1991
The American With Disabilities Act
Part Two: Review of An Organizational Problem Based on Race/Color Employment Discrimination
From the Paper "Law offers equal opportunity in employment to all the citizens worldwide with the aid of Equal Employment Opportunity Commission. This is done because the people of the world particularly those that constituted the under privileged lot felt a strong need to speak up their minds and raise their opinions against the discrimination that is prevalent in varied forms at different levels of the society. Thus in order to curb the problem of discrimination in the employment sector, the Equal Employment Opportunity Commission abbreviated as EEOC came into existence under Title VII of the Civil Rights Act of 1964 and started functioning on July 2, 1965 (U.S. EEOC: An Overview, Office of Communications and Legislative Affairs, 1998). Thus, with the aid of the drafting and implementation of several anti-discriminatory laws, the Equal Employment Opportunity Commission provides its citizens with the employment opportunity that strictly forbids discrimination at all grounds and on all basis and in any form."
This paper is an essay which applies the words of Martin Luther King, Jr. and of Henry David Thoreau in "Civil Disobedience" to modern day justice and the problem of the illegal immigrants.
Abstract This paper explains that Reverend Martin Luther King, Jr. mobilized an entire race to stand up for their rights while making another race reflect upon all of their cruelties and injustices against their fellow human beings and Henry David Thoreau's "Civil Disobedience" determined which of these men's method was more effective in seeking equality for all or most of mankind. The author points out that the United States is faced with another injustice from which there will be no way for one group to gain justice without compromising another group: The problem of the illegal immigrants who sneak into this country every day. The paper concludes that, when seeking justice for fellow Americans who might be denied basic rights to accommodate the rights of others, it is the responsibility of all concerned citizens to speak up by following the path of Reverend King and march to every state's capitol building and fight for these rights.
From the Paper "There are many people who empathize with the plight of these people who are simply coming here in search of better opportunities. Certainly, King's demonstration of courage lives on in this new group that is now clamoring for the human rights of another oppressed group. There is no denying that ours is a land of opportunity with so much to offer, but these same human rights activists might use the same energy they are employing here to mobilize a mass of concerned citizens in the countries that illegal immigrants are fleeing from. Justice must surely be at least a concept in most of the free world today."
Abstract The paper relates that racism or racial discrimination is an outright rejection of the principle of equaljustice, fairness and public safety. The paper discusses how fairness is essential to the proper functioning of a democratic society and there should be a vital link between social values and personal values. The paper looks at the work "Racial Issues in Criminal Justice" edited by Marvin D. Free and examines the opinions of several experts on the subject.
From the Paper "The criminal justice system aims at maintaining social control, enforce laws and administering justice, primarily through law enforcement or police forces, the courts and corrections, in the pursuit of the ideal of justice and fairness (Wikipedia 2006). Police work, on the other hand, is aimed at crime prevention, crime control and the handling of cases when crime occurs. The police conduct a crime investigation, gather evidence and identify the suspects. It is the police who make the first contact with the offender and initiate the mechanics of the criminal justice system by making the arrest after establishing probable cause. They then take the suspect into custody and make him or her go through a process, which includes finger printing, taking mug shots and interrogation (Wikipedia)."
Abstract The paper details the practical experience the writer has gained by working for a public interest community-oriented law firm focused upon advocating social justice. This experience convinces him/her that law firms can ensure justice for all by empowering the victims of injustice. As an intern at this law firm, the writer has seen our attorneys defend the rights of people who have been treated unjustly by landlords, financial institutions, the police, adoption agencies, corporations and businesses. Most importantly, the writer has seen that if public interest law firms don't defend the poorest victims of injustice, no one will.
