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.

Tags:law, philosophy, roman

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 national law of member states on a substantive and procedural level. In order to analyze the nature of this relationship, the effect of each source of EC law on national law 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 "produce 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. "

Tags:appeal, commission, council, court, lords, national, parliament

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.

Tags:law, morality, ethics

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.

Tags:Patrick O'Brian, Aubry / Maturin Novels, Naval fiction, novels

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."

Tags:australian, english, fiction, literature, philosophy, desire, human, mimetic, Patrick, White's, 'A, Fringe, of, Leaves'

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.?

Tags:crime, criminal, islam, law, legal, muslim, religion, world, shi'ite, iccpr, united, nations

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
In this article, the writer explains that put simply, natural law is a series of laws, a series of principles, that are derived from our own human, innate sense of what constitutes right and wrong; true morality, in other words, is not derived simply from revelation or from legislation that is produced by parliaments or congresses or even courts. The writer discusses natural law as it relates to St. Thomas of Aquinas, Thomas Hobbes and the United Nations.

From the Paper
"For St. Thomas of Aquinas, there are really four kinds of law, of which natural law is but one: there is eternal law governing the nature of the eternal universe; there is natural law which is the law governing the behavior of beings blessed with free will and reason; there is human law, which is strictly the law promulgated by human beings; and there is divine law, which appear to be laws that a person must satisfy if he or she is to achieve salvation. In the case of natural law, the first and most important precept is to do good and to avoid evil: people divine what is good from applying human rationality to the question."

Tags:natural, law

Abstract
This paper addresses a number of issues revolving around international law. In particular, the paper looks at the steps a nation can take when confronted with a nuclear build-up by an unfriendly neighbor and the paper also looks at what international law has to say about the mistreatment of aliens by a particular nation. Moving onward, time is also set aside to looking at the Convention on Genocide and its applicability to two nations which, in the first instance, failed to ratify the convention, and - in the second instance - ratified it but attached an interesting reservation to its instrument of ratification. Finally, the paper looks at whether or not international law can properly be called "law".

Tags:international, law, treaties

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