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Natural Law and America's Legal System, 2007.
An analysis of how natural law impacts the legal system in the United States.
1,156 words (approx. 4.6 pages), 5 sources, MLA, $ 39.95
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Abstract
This paper presents an examination of how natural law impacts the American legal system. The paper provides a general overview of natural law and then explores how natural law applies to the current legal system in the United States. It argues that the natural law helps to drive the current system and describes how this is true.
Table of Contents:
Introduction
Natural Law
Natural Law and the American Legal System
Conclusion
From the Paper
"Natural law in its most simple form, is the unwritten law of mankind. It is a concept of principle morals and values that are, or at least should be shared by all of mankind because of the central goodness of their concept. (Horowitz, 2000)"
"Natural law is therefore distinguished from -- and provides a standard for -- positive law, the formal legal enactments of a particular society (Dolhenty, 2004)."
One example of this is the belief that killing is wrong. There are few humans or societies on earth that would disagree with the basic tenet that the murder of another person without reason is wrong. (Green, 2005) It takes a loved one from a family, it removes financial support from children, it takes someone out of society that may have moved on to contribute great things and if one is Christian, then the act of murder is something that God does not allow. It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God."
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Natural Law vs. Legal Positivism, 2006.
An argument that natural law is superior to legal positivism.
1,350 words (approx. 5.4 pages), 4 sources, $ 53.95
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Abstract
In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
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Family Law: The Legal Institution of Marriage, 2005.
A discussion on whether the legal institution of marriage remains fundamentally important in family law, or whether the law is now based upon a wider concept of family.
1,621 words (approx. 6.5 pages), 14 sources, APA, $ 52.95
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Abstract
Different forms and definitions of family may have found greater acceptance in modern society but marriage still stands as the supreme form of family relations. This essay discusses how the concept of family has evolved over time, from the formalist conception to the subjective approach and how cohabitation is increasingly undermining the traditional concept of the family.
Outline
Introduction
Marriage and the Law
What Makes Marriage Special under the Law?
Privileges of Marriage
Conclusion
From the Paper
"Unlike mere cohabitation and other forms living arrangements, marriage provides greater security. As soon as the marriage takes places, operations of law automatically applies to the couple, thus, affording both parties and their children greater protection. "The current law affecting cohabitation fails to provide people with adequate protection, particularly on relationship breakdown." Children of married couples enjoy more security as the Court can order the re-distribution of finances of couples in cases of divorce, based on the doctrine of equitable contributions set out in the case of Midlandbank v Cooke (1995). Under the Matrimonial Causes Act 1973, the Court can assess maintenance payments and adjust spouses' interest in property. "
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Law-Legal Briefs, 2007.
An application of Articles 35 and 20 of New York's Penal Law in relation to Popye, Olive Oyl and Bluto.
1,253 words (approx. 5.0 pages), 2 sources, MLA, $ 42.95
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Abstract
This paper reviews Articles 35 and 20 of New York's Penal Law. The paper applies these two articles to the case of Popye and Olive Oyl. According to the paper, Popye tries to defend Olive Oyl's honor by trying to beat up Bluto, who gets the upper hand. The paper goes on to say that Olive Oyl then kills Bluto in order to save Popye's life.
With this in mind, this paper will answer various related questions in an effort to better understand these laws and how they apply in theoretical, and actual cases.
Outline:
Abstract/Scenario
Olive's Most Serious Crimes from the Viewpoint of a Juror
Availability of Justification Defense Under Article 35 of New York Penal Law
Implications Under Article 20 of New York Penal Law
Legal Precedence
Summary
From the Paper
"Preceding all of the actions that began with Popeye and Bluto's physical fight and climaxing in the death of Bluto at the hands of Olive, under Code 20, lies the Duty of Retreat, which holds that when there was a possibility for a verbal argument to escalate into physical fight, Popeye had the obligation to remove himself from the situation, as did Olive. When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence."
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Discrimination Law: Women and their Legal Rights, 2005.
An analysis into the legal make-up of women and their rights in today's equality driven society.
3,293 words (approx. 13.2 pages), 15 sources, MLA, $ 94.95
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Abstract
This paper provides a study into the different areas of discrimination law affecting inequality amongst women. It considers whether equality really exists and what still needs to be done to ensure women are more accurately represented in today's society.
From the Paper
"Anti-discrimination legislation has been enacted in an attempt to eradicate the prevalent inequalities within the world of work. The law has developed two separate and distinct routes with respect to equality. One route expounds the equal treatment of men and women, a concept key to the liberal feminists; and the other is a specific rights based route which relates directly to pregnancy cases, which will be discussed further below. This latter is what the maternal feminists of the early nineteenth century would have chosen; that the law should accommodate the differences between men and women, with particular reference to women as mothers. The claim is that where women deviate from the male norm, the law should acknowledge this."
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Legal Positivism vs. Natural Law Theory, 2005.
Examines and compares these two theories of philosophy of law.
1,353 words (approx. 5.4 pages), 5 sources, MLA, $ 45.95
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Abstract
In the philosophy of law, two competing factions each offer compelling arguments as to the basic nature, origin, authority and responsibility of law. These two theories are known as Natural Law Theory and Legal Positivism. This paper shows that while there are many disagreements between the two theories, at the heart of the argument is the questionable relationship between law and morality. The paper examines how Natural Law Theorists argue that there is an essential and innate overlap between law and morality, while Legal Positivists argue that while the decisions of law and morality do occasionally overlap, there is no natural relationship between them.
From the Paper
"Legal Positivists rely on a sovereign to legislate law; this sovereign,
whether it be a monarch, an aristocracy, an elected parliament, or any other person or body that writes the law for a society. For a sovereign to be considered as such, most, if not all, of the population must follow the sovereign's laws, and there must be a threat of force to enforce the law. If either of these conditions are not met, the leader cannot claim to be a true sovereign entity. Also, the sovereign cannot be subject to another sovereign's authority, such as God; if a sovereign is to be the head of a society and the maker of laws, she must be invulnerable to persuasion or else she is not a sovereign."
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Legal Naturalism vs. Legal Positivism, 2002.
A comparison of laws understood to come about naturally or through some form of positive creation.
2,630 words (approx. 10.5 pages), 2 sources, MLA, $ 79.95
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Abstract
This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper
"A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
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Legal Positivism and Australian Law, 2004.
This paper defines the concept of legal positivism and examines how it is applicable in the Australian law arena.
1,766 words (approx. 7.1 pages), 5 sources, MLA, $ 56.95
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Abstract
This paper looks at how Australian law is very closely linked with legal positivism, since it revolves around the concept of power. It explains that the sovereign order is treated as the final word, which cannot be altered or amended. While the same is the case in the United States, the writer points out that there is some flexibility towards modern interpretations of law. The United States gives its judiciary enough freedom to interpret law according to the circumstances. The same is, however, missing from the Australian legal system where modern interpretations are often met with disapproval. It concludes that this is the essential difference between legal systems of the two countries, a difference that has turned Australian law into a more rigid and positivistic form of law.
From the Paper
"A law must be resistant to change for that is the whole purpose of implementing laws. However they must also be flexible enough to allow modern interpretation, which is unfortunately not the case in Australia and this, is what makes Australian constitutional law positivist in nature. In other words, when a law is so rigid that it cannot allow modern interpretation and fails to keep pace with changing times, it is said to be positivistic in nature. In such laws, the interpretation is rigidly limited and the original law cannot be molded to suit modern conditions and circumstances. While then United States constitutional law is also highly resistant to change, it is nonetheless flexible enough to allow Supreme and High Courts to seek modern interpretation. However that is not the case in Australia where constitutional law is the final word of authority and to allow the law to keep pace with changing times is seen as a threat to the constitution. A very apt example of this kind of rigidity of law can be seen in Bulun Bulun case of 1999.
In this case, the copyright Law of Australia was under consideration and it was found that the rigid interpretation of the law was closely connected with legal positivism. The painter John Bulun sought Court?s help in combining customary law with the Copyright Act. Mr. Bulun Bulun wanted one of his paintings "Magpie Geese and Water Lilies at the Waterhole", to be seen as a work of co-authorship. He wanted his entire community to be the owner of this property since it was more in line with his customs and cultural beliefs.
Judge Von Doussa however refused to combine customary law with Copyright Law and decided to stay with strict interpretation of the law thus taking a positivistic approach as Bowrey (2001) explains: ?It is difficult to ascertain whether or not von Doussa grasped the cultural implications that flow from his endorsement of these precedents about joint authorship. At key points in the decision closure to consideration of the indigenous point of view was achieved by using legal positivist interpretative practice. He identified the appropriate legal rule concerning joint authorship without reference to any discourse about the meaning of the terminology. Copyright law is "entirely a creature of statute"."
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American Law and Jewish Law, 2003.
Discusses the similarities and differences between American law and Jewish law (the Halakha).
2,300 words (approx. 9.2 pages), 10 sources, APA, $ 79.95
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Abstract
This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper
"In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
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Perspectives on Legal Order, 2005.
An analysis of Positivism, Marxism, Natural Law, Anarchism, Legal Realism, Feminism, and Critical Legalism, and their impact on Canadian Law.
1,350 words (approx. 5.4 pages), 2 sources, $ 53.95
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Abstract
The paper discusses and analyzes various perspectives on legal order. The paper examines different concepts, including Positivism, Marxism, Natural Law, Anarchism, Legal Realism, Feminism, and Critical Legalism. The paper analyzes the role that these theories played in Canadian lawmaking, determining that Positivism had the most influence on contemporary Canadian lawmakers.
From the Paper
"What is the purpose of law and why do we need it? Would society completely crumble into a chaotic mess if law did not exist? Well, from what I understand thus far, and from what I have seen on TV lately, law is important to maintaining order in society. Without law and order, anarchy would rule our lives. This sentiment was proven recently in the wake of hurricane Katrina. The devastation and human suffering is a result from lack of government organization."
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Ernest Hemingway and the Trademark Law, 1999.
An overview of the relevant law and an analysis of the legalities of tbe use of Hemingway's name, legacy and image by Key West businesses, including "Sloppy Joe's International" and the Hemingway Festival.
5,400 words (approx. 21.6 pages), 12 sources, $ 135.95
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Abstract
An overview of the relevant law and an analysis of the legalities of tbe use of Hemingway's name, legacy and image by Key West businesses, including "Sloppy Joe's International" and the Hemingway Festival.
From the Paper
"Hemingway Days In Key West Florida: Publicity Rights under Law
Background
Over one hundred years ago, Samuel D. Warren and Louis D. Brandeis wrote a law review article in favor of a right to privacy (Warren and Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193: 1890). After the New York Court of Appeals refused to recognize such right under the common law, Robertson v. Rochester Folding Box Co., 171 N.Y. 538, 64 N.E. 442 (1902) (unauthorized use of a young woman's photograph in advertisements for bags of flour), the New York State legislature enacted a statute in 1903 which prohibits use of a person's name, portrait or picture for advertising purposes or purpose of trade without the person's written consent (N.Y.C ..."
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Islamic Law, 2002.
Examines concept of the law in legal theory, made by God.
4,050 words (approx. 16.2 pages), 5 sources, $ 135.95
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Abstract
Examines concept of the law in legal theory, made by God. Historical perspective. The Shariah. Tribal unity and ties. Bases of ethical conduct. Legacy of Muhammad. Sources of Islamic law; the Quaran. Structure of the law. Representation of both a religious and social order in society. Conflict between Islamic fundamentalists and modern thought. Table of Contents.
From the Paper
"Derivation of Islamic Law
Table of Contents
Introduction 2
Historical Perspective 3
Muhammad 7
The Legacy of Muhammad 10
The Sources of Islamic Law 11
The Quran 12
Sunna of the Prophet 12
Analogical Reasoning 13
Consensus of the Community 13
Secondary Sources 14
The Structure of the Law 14
The Roots 16
The Branches 16
Interpretation 17
Schools of Islamic Law 17
Conclusion 19
References 20
Introduction
With the exception of the laws of the Assyrians and the Code of Hammurabi, there is no system of recorded law, literally from China to Peru, which upon first emergence, is not viewed as being linked with religious observance and ritual (Fyzee, 1963, p. 33). This can certainly be observed with respect to Islamic law.
Relatively little has been written in English with respect to Islamic legal tradition. Some would consider this a very serious shortcoming especially when considering the almost continuous state of tension in the Middle East and magnitude of the Islamic ..."
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The Legal Morass of Healthcare, 2005.
A look at the nature of law and common legal systems in relation to the healthcare industry.
675 words (approx. 2.7 pages), 2 sources, $ 26.95
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Abstract
This paper discusses the fluid nature of law and most legal systems and then relates this characteristic back to healthcare. Various aspects of healthcare such as palliative care and healthcare's ethical framework are examined in light of the nuances of an inexact legal framework. This paper concludes that the healthcare industry cannot and should not function off the interpretive method that the legal system does.
From the Paper
"The nature of law has been a hotly contested subject ever since Hammurabi first had his code carved in stone circa 1775 B.C. Since then, law has been subjected to myriad interpretive analysis, written, rewritten and canonized in various ways: the common law of England, precedent or case law in America developing out of England's common law heritage and even religious law as of Islamic law commonly called Shari'ah. The only common dialectical thread through all these historical bodies of law and legal systems, both current and past, is that law is not an exact science. "
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Consciousness and the Law, 2005.
A discussion on whether or not consciousness plays a role in the self-awareness of a person's actions in the court of law and legal judgements.
3,105 words (approx. 12.4 pages), 3 sources, MLA, $ 90.95
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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. "
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Business Law - Issues in Contact and Agency Law, 2008.
The paper discusses the legal issues arising from interpretations of Contract law and Agency law.
1,542 words (approx. 6.2 pages), 3 sources, APA, $ 50.95
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Abstract
In this paper, the writer describes the case of an individual who entered into two separate legal situations, one contractual and the other relating to Agency law. The writer relates the difficulties that arose during the course of these transactions and of the legal action taken by the individual to gain compensation for alleged losses. The author examines the history of the two disputes and the legal differences between the two cases.
From the Paper
"In Jose's mind, he had accepted the Winnebago owner's final offer to sell the Winnebago for $25,000. According to the Winnebago owner, his original offer was to sell the vehicle for $30,000. When Jose offered $20,000 instead, that was a counteroffer which he rejected immediately. The Winnebago owner had then made a new offer to sell the vehicle to Jose for $25,000 which Jose never accepted, because when Jose responded "OK. If you change your mind, please call me," that was a rejection of his last offer. As of that rejection, the parties no longer had any outstanding offers or counteroffers on the table any longer except for the seller's original published offer of $30,000. Unfortunately for Jose, the lawyer he consulted confirmed the Winnebago owner's point of view and advised Jose to forget about any claim against him for breach of contract (Halbert, 24)."
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