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 analyzes Patrick White's 'A Fringe of Leaves' in respect to Rene Girard's philosophy claiming that human desire is not essentialized but rather mimetic. Girard explains that mimetic desire necessarily involves a model and a disciple who become rivals desiring the same things. This philosophy helps the reader understand Ellen Roxburgh's journey to self-discovery. It contains excerpts from the book and their explanations.
From the Paper "Rene Girard's philosophy regarding mimetic desire, the reciprocity of violence and the monstrous double can be applied to Patrick White's novel A Fringe of Leaves. Indeed, his ideas give us a clearer understanding of the journey undertaken by Ellen Roxburgh - a journey both physical and spiritual, between two alternate cultures and ultimately, between two alternate selves."
Abstract This paper is a discussion on Patrick O'Brian, the literary genius of nautical-fiction who died in 2000. It looks at elements of O'Brian's naval fiction and the 21 Aubry / Maturin novels including characterization, plot and style.
Abstract This paper analyzes "The New Nature of Nation-State Failure" by Robert I. Rotberg. According to the paper, Rotberg offers the reader a close and intimate view of what actually occurs and what the citizens undergo as the nation-state's failure plays out according to the lines written by a ruling elite class of powerful governing classes that have essentially taken over the country in a patriarchal and despotic rule.
Outline:
Introduction
Summary
Strengths and Weaknesses
Improvements
Conclusions
From the Paper "Rotberg moves on to the subject of prevention of such state failure call it much easier than a revival once having failed or collapsed in a destructive manner. Long and expensive are the call words that Rotberg assigns to revival of a country after such as state of failure and collapse has been reached. Creation of security, administrative structure, a bureaucracy and location of funds are the steps taken in the first effort of revival of a collapsed state along with establishment of a legal code and system, training of court officials and opening of courtrooms, restarting of schools, rebuilding and refurbishing of hospitals, building of roads, gathering of demographical statistics. Although Rotberg states that elections are not first priority but constitutions and elections to encourage democracy are very important. It is more important according to Rotberg that strength is given to nation states prior to failure as it is much easier to attempt revival from this point instead of after failure and collapse. He cites 'outside support' as being 'conditional on monetary and fiscal streamlining' with 'renewed attention to good governance, with reforms of land tenure systems and strict adherence to the rule of law" taking place. Nothing that endures can be accomplished in a short period of time. It is very important that failure of many of these states is prevented but it is also costly. These places ethnic cleansing and famines result in the newly failed states with terrorist groups taking hold. "
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 This paper examines how EC law derives from four primary sources-- the EC Treaty, subsidiary treaties, secondary legislation and the decisions, opinions and principles of the ECJ. It looks at how each of these impacts on the nationallaw of member states on a substantive and procedural level. In order to analyse the nature of this relationship, the effect of each source of EC law on nationallaw is considered, with the influence of the ECJ discussed where relevant.
From the Paper "A significant effect of the Treaty on national law has developed consequent to an Article 234 ruling in van Gend en Loos . Following a referral of the Dutch Tariefcommissie to the ECJ on whether Article 25 of the Treaty has direct application within a Member State, the ECJ ruled that it ?produc[es] direct effects and ? individual rights which national courts must protect?. The criteria established for a Treaty Article to have "direct effect" required it to be "clear, negative, unconditional, containing no reservation on the part of the Member State, and not dependent on any national implementing measure" . The ECJ's interpretation of this Article allowed it to create an entirely new legal concept, which has allowed individuals to rely on rights and obligations conferred by the Treaty in national courts. "
Abstract The writer of this paper contends that the modern world is characterized by greater contact and interaction between nations. With this in mind, the author examines the role of international law in the modern world. He continues and contends that at the same time the contemporary world is also a place of greater complexity and competition for scarce resources, as well as increasing conflict. The writer contends that international law must face extremely difficult and complex situations in maintaining the ideals of peace and order and that there are areas where international law is virtually powerless whilst there are others where the role of international law has been very effective. The paper concludes that, as the world grows more complex and as the danger to peace and human equality intensifies, the need for a strong and well-supported system of international law increases as well.
From the Paper "However, many of these high ideals have not yet been accomplished in the present century. In fact, international law has failed to a certain extent, particularly in the area of international conflict. One of the central problems that International law faces is the usurpation of its objectivity and impartiality by the politics and agendas of 'superpowers" or influential countries. This can be seen for example in the events leading up to the recent Iraq war. In this case, the position held by international law, as defined by the United Nations, was overruled by the United States. Therefore, the standing of international law has been reduced in many cases by the complexity of international politics and the often convoluted and intricate views and agendas of influential countries like the United States, the Soviet Union and China. This has played a major part in the effectiveness of international law in recent years. This aspect has also curtailed the ability of international law to deal with the various complex conflicts and issues in the world, such as the conflict in Darfur."
Tags: conflict global nation superpowers, united nations, international peace equality
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper argues that ,while environmental treaties are justified in their interference with issues traditionally related to state sovereignty, such interference allows nations to challenge environmental treaties. It explains that this was very clear in the case of the Convention on Climate Change when several nations, such as the United States and China, refused to abide by the treaty, and even more, did not follow its terms even after agreeing to them. The writer points out that one of the most noticeable factors here is that it is mainly the industrialized or developed nations that have the power and strength to openly defy these treaties, while the Third World countries cannot for the simply reason that financial aid is, to some degree, partly dependant upon their national environmental laws. In this sense, an imbalance develops whereby the developed world has the choice to either reject or accept those treaties, and the Third World largely does not. From an analysis of this imbalance, and after proving it with reference to a number of global environmental treaties, this paper argues that the only solution lies in the creation of an international body for global environmental governance in which nations, regardless of their economic and political status, are equally represented. The aim of such a body would be to ensure respect for environmental treaties, eliminate imbalance,s and respond to one basic truth: the environment is a shared space, and one nation's abuse of it affects the lives of all people across the world. Thus, state sovereignty is an irrelevant issue here, as no nation has sovereignty over the environment.
From the Paper "The concept of national sovereignty has, since the emergence of nation-states, been regarded as sacred. At least, citizens and national governments have regarded their nation's sovereignty as sacred. That attitude was eventually transferred into law. Thereby, international law and treaties currently acknowledge and protect the principle of national sovereignty, conceding to a nation's rights to self determination and to resistance of external interventions in internal or national policies and decision making processes. However, while sovereignty is a popularly acknowledged and jealously protected political principle, sovereignty is not absolute and has its limitations. These limitations are defined by the interests of other nations and the collective welfare of all people and countries. Hence, no nation is absolutely sovereign and no government has the authority to act as it wishes within its national borders, arguing that it is protected by the principle of sovereignty. The simple fact of the matter is that in various international issues, most especially those relating to environmental policies, no country should have absolute sovereignty since, as emphasized by Robert Goodland and Herman Daly, the environment is not national but international or "universal" (1002-1003). Consequently, as relates to the environment, the concept of national sovereignty is a contentious issue."
Abstract This paper researches the processes and structures of law in the United Arab Emirates State, while considering the universal laws passed by the European Union of the United Nations. It further examines the measure to which the Emirates states are conforming to the ruling law of the World Court and what areas that are not in non-compliance in if any. This study investigates any ties that criminality has to nationality in the United Arab Emirates State.
Outline
Part One
Statement of Thesis
Introduction
Part Two
I. Discrimination
II. Prison Conditions in the United Arab Emirates
Part Three
III. Criminality and Transnational Ramifications
Part Four
IV. The Universal Declarations
V. What the Committee Does to Provide Assistance
VI. Juveniles and Drugs
VII. The Determinate of What is Public and What is Private?
VIII .Minorities are Labeled "Gender Outlaws"
Conclusion
From the Paper "The United Arab Emirates has much farther to travel and many a sea full of issues to transverse across before a cognitive and fully functioning societal base can be realized. The overbearing male superiority will not advance this society in the Gulf region but will only tend to lead them to a place of societal isolation from a world fully implemented into the globalization of all nationalities."
Abstract This paper provides a complete overview of The National Institute of Justice (NIJ) - a federal agency that provides research and assistance on law enforcement issues to a wide variety of law enforcement and crime prevention units across the United States. The paper explains how this organization conducts research in different communities, through police departments and by other means in order to ascertain what crime problems a community may face and how that community can address those problems before they become too difficult to handle. The paper analyzes several of the guides which the NIJ puts out on all subjects and in all fields, such as "Crime, Criminal Justice and Criminology in Post-Soviet Ukraine", "Flammable and Combustible Liquid Spill/Burn Patterns" and "Early Warning Systems: Responding to the Problem Police Officer".
From the Paper "In order to assure that this search for and preservation of evidence is conducted in an effective manner, procedures have to be put in place so all personnel know what steps to follow and so everyone knows how the evidence has been preserved. This also helps preserve the chain of evidence that can be so important in court. Electronic evidence is latent evidence stored on a computer, and this makes it the same sort of evidence as fingerprints or DNA. It is also fragile because it can be altered or destroyed if it is not handled properly. This means that special precautions must be implemented to document, collect, preserve, and examine this kind of evidence, and the NIJ guide covers these topics to help protect the integrity of the evidence.
The guide emphasizes that this is all the more important because this kind of evidence poses special challenges to be admitted in court, and the procedures to protect the evidence for court are also covered."
This paper argues that Canada must reform its immigration laws. The writer focuses on the topic of migrants and the necessity of Canada to keep the border open.
Abstract This paper develops the argument that Canada's current immigration laws do not work and closing its borders to migrants would not evoke a positive response for the national interest of Canada. The writer argues that the international image of Canada in the global village of civilized and humanitarian nations depends upon its accessibility to foreigners.
From the Paper "Does it follow then that Canada must admit anyone or everyone who calls at our doorsteps for entrance irrespective of our own national interest priorities. Again, the enlightened approach to the issue would be to admit those that are deemed to be able to serve our national interest, as the current Canadian federal immigration regulation would have implied. Or to grant entrance to victims of political oppression in their homeland by brutal authoritarian regimes or permit foreign migrants to stay here on human rights and compassionate grounds, such is the strategic orientation of our federal refugee programme."
Abstract This paper examines the issues posed under American and international law by cases in which foreign nationals who are arrested, prosecuted and sentenced for capital crimes in the United States have not been informed of their rights to contact and seek assistance from their consulates. The author explains the Vienna Convention.
From the Paper "This brief addresses the issues posed under American and international law by cases in which foreign nationals who are arrested prosecuted and sentenced for capital crimes in the United States have not been ..."
Tags: World Court, Law, Death Penalty, International Law
Abstract This paper discusses the United Nation's need to change or risk being a useless organization. It looks at how the basic philosophy of the United Nations is anti-American and how the United Nations is biased toward the countries that are anti-communist. In addition, the link between rogue states, terrorism, and terrorist leaders with the United Nations is discussed, showing that the United Nations supports terrorists in some ways. The fact that the United Nations has failed to prevent and has provoked more than one hundred wars throughout the world since its inception is also shown in the report. This report also looks at the United Nations charter and how it misleads one to believe that it is advocating peace when, in fact, it is a blueprint for war. A final subject examined by this report is the different actions that can be taken to improve the idea of the United Nations, as well as the organization as a whole.
The UN Was Founded by Communists
The UN's Basic Anti-American Philosophy
All General Secretaries of the UN Have Been Socialist One-Worlders
The United Nations Supports Terrorists
The United Nations Does Not Settle Disputes
The United Nations is Really a War Organization
Proposal
Changing from the Charter Up
Reforming the Security Council
Noble Efforts, Futile Actions
A United Nations to Serve ALL not ONE
End Terrorist Ties
From the Paper "Here is a trivia question. Are the following events promoting peace and freedom? The year is 1961 in Belgium's former colony in Africa known as the Belgian Congo. Belgium had granted independence to its colony. A Moscow-trained communist named Patrice Lumumba Gained control of the newly formed government. Lumumba and his communist allies immediately began a brutal consolidation of power. In response, Moise Tshombe, the pro-Western, anti-communist black leader of the Congo's province of Katanga, seceded and declared his region an independent nation."
Tags: organization, world, peace, international, law, general, assembly, secretary
Abstract This paper explains how the states have seen their powers decreased in recent years, as the American national government has increased its power. In debating this issue, the writer discusses why it is important to look at the good and bad sides of this relationship. The writer discusses which spheres the powers have been increased - the federalization of criminal law, the control of dairy farming and the Environmental Protection Agency (EPA).
From the Paper "The National Government has started to decrease states' powers concerning criminal law, while increasing its power in these matters. The ABA Task force recently issued The Federalization of Criminal Law report which stated that ?the federalization of crime distorts the Constitution's structure of powers in a least three respects.
The federalization of crime represents a usurping by the Congress of police powers, which the Constitution leaves in the states and withholds from the federal government."
