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Natural Law Jurisprudence, 1972.
This paper discusses natural law as a philosophical foundation.
1,575 words (approx. 6.3 pages), 16 sources, $ 55.95
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From the Paper
"The idea of natural law is based on a belief that there exists a moral order which every normal person can discover by using his reason. Its role is "to provide a concept of human nature and justice to serve as the rationale for the legal and social system of society,". and its "primary concern . . . is with justice and the moralization of power.".
There is in men, even when they are powerful, some natural inclination to act accordingly to reason in what conditions their power. That is, they naturally seek to establish the legitimacy of their power and also to have their uses of it publicly recognized as legitimate. They are naturally disinclined to appear to themselves or to others as unreasonable, as men who do not act according to virtue, as "unnatural" men."
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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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Case Law and Statute Law, 2005.
A theoretical comparison of these two sources of English law.
834 words (approx. 3.3 pages), 2 sources, MLA, $ 29.95
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Abstract
This paper attempts to define the differences between England's common and statute laws. It looks at how the laws are formed as well as their fundamental purpose. It examines how statute is interpreted and acted upon by the courts and how it follows that precedents are formed as new cases arise. It also demonstrates how over time, statute will become part of common law as judges follow previous decisions in new cases where applicable.
From the Paper
"For political bills or proposals to become statute, that is to become Acts of Parliament, they must first be debated in the House of Commons (this is made up of elected representatives of the wider public, Members of Parliament or MPs). However, this is just the start if the process: the proposed legislation must then be accepted by MPs by way of a successful vote and further ratified by acceptance in the House of Lords. The House of Lords is the supreme court in Britain and may refuse to pass the law; but a bill can be forced through using the Parliament Act if such action is deemed necessary for Parliament to fulfil its obligation to make laws in the best interests of the nation. "
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Social Law and Statutory Law, 2006.
An overview of the juvenile justice system in the U.S. and how it deals with juvenile delinquency.
932 words (approx. 3.7 pages), 3 sources, APA, $ 33.95
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Abstract
This paper examines the juvenile justice system in the United States, explaining the reasons why it is separated from the regular crime system and how it is influenced by the political and social conditions of the state. Particular attention is paid to the juvenile justice system in California and how the system has increasingly focused on incarceration rather than rehabilitation. Finally, the paper discusses evidence indicating that mental health services at an early age are highly effective in treating potential juvenile offenders and turning them away from a life of crime.
From the Paper
"The main object of separating the juvenile justice system from the regular crime system had been on the assumption that minors were different from adults in their ability to make decisions and understand consequences, "The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults" (Roberts, 2005). It was observed that the younger the offender, the more likely that a repeat offense would be stopped and a change in behavior would be observed. It was, therefore, thought that youngsters should be given the benefit of the doubt and should not be treated as adult offenders."
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Competency to Stand Trial in American Law and New York Law, 2000.
A brief look at the notion of competency or fitness to stand trial, as the notion has been shaped and changed since the 1960s.
2,235 words (approx. 8.9 pages), 14 sources, $ 69.95
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From the Paper
"The history of the doctrine of competency to stand trial arose in English common law out of a concern for fairness in the trial of accused persons who, if found guilty of criminal charges, would suffer deprivations of liberty and other penalties. One of the earliest United States Supreme Court cases (Dusky v. United States,1960) determined that a defendant's competency to stand trial depended on "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and "whether he has a rational as well as factual understanding of the proceedings against him"."
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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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Sociological Jurisprudence Development, 2008.
The author examines the evolution of sociological jurisprudence in Australia with specific regard to cases relating to legal definitions of sexual status.
1,969 words (approx. 7.9 pages), 13 sources, MLA, $ 62.95
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Abstract
In this paper, the author contends that jurisprudence is a constantly developing and changing system. Specifically, the author postulates the idea that jurisprudence evolves in direct relation to the effectiveness of rhetorical legal arguments and the ability of counsel to persuade the courts and eventually, society as to the legality, acceptability and morality of controversial issues. Next, the author cites the marriage of Kevin (a post-operative female to male transsexual) and Jennifer (both pseudonyms), where the nature of Kevin's sex and sexual identity was questioned by the Attorney General of New South Wales. The author then goes on to describe the legal processes and arguments that resulted in a change in Australian jurisprudence with regard to sexual identity.
Outline:
Essence of Re Kevin
Rhetorical Analysis
Hermeneutical Analysis
Conclusion
Bibliography
From the Paper
"The issue of what is considered 'normal' and legitimate for human behaviour has long been debated in various arenas. The perceived need to control sex and sexuality is not a new concept. Until relatively recently in western society, Christian morality has had a virtual monopoly on the definition of our sexes and a particularly efficient means of manipulating our expressions of them. To a certain extent this climate of moral management continues, particularly in the more conservative enclaves of society. However these debates and theories have also helped to establish the foundation for the recognition of new identities, in particular the nature of the relationship and sexual identity scrutinized in Re Kevin and the development of a different line of jurisprudence in Australia; a veritable post-colonial moment."
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Nuremberg Laws vs. Jim Crow Laws, 2008.
A comparison of the practical differences between the Nuremberg Laws in Germany and the Jim Crow Laws in the United States and the racism upon which each of these legal systems was based.
8,467 words (approx. 33.9 pages), 46 sources, APA, $ 179.95
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Abstract
This paper compares and contrasts the Nuremberg Laws in Germany with the Jim Crow Laws in the United States. It discusses each of these areas of racial regulation in turn and then further examines the subtle distinctions and clear practical differences between the dangerous racism upon which each of these legal systems was based. The paper includes APA style footnotes but does not include a bibliography.
Table of Contents:
Introduction
Jim Crow Laws in the United States and Nuremberg Laws in Germany
The Protection of Ethnic Purity: Similarities in Jim Crow and Nuremberg Laws' Regulation of Interracial Relationships and Underlying Legislative Intent
The Protection of Ethnic Purity: Contrast within in the Nuremberg and Jim Crow Laws on Interracial Relationships
Segregation in Education: Further Parallels in the Jim Crow and Nuremberg Laws
Segregation in Education: Contrasting Aspects of the Jim Crow and Nuremberg Laws
The Deprivation of Civil Rights: Similar Laws and Practices Causing "Civil Death" of African-Americans in the United States and Jews in Nazi Germany
The Deprivation of Civil Rights: The Final Solution and the Purely Aryan State, and Further Examples of Where Nuremberg and Jim Crow Differ
Conclusion
From the Paper
"This huge disparity can be best explained by referring back to one of the most predominant differences in the purposes of the racially hierarchical systems in place in each country. The Jim Crow laws were passed because Southern state lawmakers were struggling to protect and preserve the white supremacy that they had always lived with, and prevent African-American advancement as a necessary part of this objective. Yet in Germany, the Nazi party's goal was always the total extermination of all undesirables, including Jews, and the legislative deprivation of citizenship was at least in some respects merely a means to that end. Finally, to go along with this fundamental difference, there is one last similarity between the racial laws of these countries: the painful memories of both the Holocaust and the Jim Crow era, and all of the violations of rights, liberties and freedoms that comprised both of these experiences, are certainly still fresh in the recollection of all nations involved, and are still highly prominent historical issues today even as those who lived through these events are increasingly no longer with us."
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Feminist Jurisprudence, 2006.
A discussion regarding feminist jurisprudence and landmark decisions relating to gender.
1,572 words (approx. 6.3 pages), 9 sources, MLA, $ 51.95
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Abstract
This paper takes a look at the topic of feminist jurisprudence. According to the paper, feminist jurisprudence as a philosophy and practical enterprise began in the 1960s. The paper continues saying that the foundation of feminist jurisprudence lies in the struggle for equal rights and against gender discrimination. It is essentially based on the view that societies have shown a tendency towards gender subjugation and discrimination.
From the Paper
"Sexual harassment in the workplace has been the focus of some important legal decisions. The first sexual harassment case in the United States is considered to be Barnes v. Train (1974). Another landmark case which established sexual harassment as a form of sexual discrimination was Williams v. Saxbe, 1976. This case showed that "...when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. " (Sexual harassment) The issue of sexual harassment was also spelt out by the Equal Employment Opportunity Commission (EEOC) which issued various regulations in 1980 and which stated that sexual harassment was in fact a form of gender discrimination that related to the Civil Rights Act of 1964. "
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The Misunderstanding of Religion Through Free Exercise Jurisprudence, 2000.
This paper examines the Supreme Court's handling of Freedom of Religion.
4,775 words (approx. 19.1 pages), 26 sources, MLA, $ 122.95
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Abstract
The paper begins identifying the flaw in tradition free exercise of jurisprudence and discusses its original understanding. The paper looks at how this understanding has been applied to traditional religions like the Amish, Mormons and Native Americans in an inconsistent manner. The paper resolves that the Supreme Court needs to consider their own biases and look more towards the harm caused by the practice as opposed to the practice itself if it is to be protected.
From the Paper
"The First Amendment to the Constitution provides that ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof?? However, since Reynolds v. United States, in 1879, the Supreme Court has been struggling to understand the limits of free exercise. This paper will examine a historical conception of how the Supreme Court has viewed and misunderstood religion by examining three cases that best mark free exercise jurisprudence in the United States."
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Jurisprudence, 2005.
A discussion on whether it is possible for a legal system to be morally neutral.
1,818 words (approx. 7.3 pages), 8 sources, APA, $ 58.95
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Abstract
A legal system reflects the priorities and issues of the society it serves. This paper considers the views of John Stuart Mill, the Hart/Devlin debate and Marxism to determine whether a legal system can or should be morally neutral.
Outline
Introduction
Mill on Individualism and Morality
The Hart-Devlin Debate
Dworkin
Marxism and Legal Morality
Concluding Comments
From the Paper
"John Stuart Mill was a prominent and prolific nineteenth century economist and philosopher. It is submitted that of all his published work it was his essay On Liberty , published in 1859 that inspired most profound reaction and longest-lived controversy. Mill's primary assertion was that individuals should only be morally accountable to themselves, unless their actions touch deleteriously upon the interests of society at large. Mill's thesis is that we should only seek to coerce others in self-defence - either to defend ourselves, or to shield others from harm. Since Mill's influential and ground breaking work was published the freedom of the individual has come to the fore and has been advocated as an essential component of a sympathetic, equitable and advanced legal system."
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Local Law Enforcement of Immigration Laws, 2006.
A discussion regarding the controversial topic of illegal immigration.
1,228 words (approx. 4.9 pages), 6 sources, MLA, $ 41.95
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Abstract
This paper takes a look at the problem of illegal immigration into the USA. According to the paper, recent attempts to address the issue through local enforcement may have unsuspecting consequences and a negative impact on the Latino communities.
From the Paper
"According to critics, the Immigration Reform and Control Act of 1986 led to the legalization of vast numbers of undocumented immigrants as a means of reducing unsanctioned immigration, however its main effect was to reinforce and expand established cross-border migration networks and create a thriving business in fraudulent documents (Nevins). These unintended consequences laid the foundation for the anti-immigration backlash that eventually emerged during the 1990's, partially due to political and bureaucratic entrepreneurs who sparked public sentiment by focusing on the border as both the source of the problem and the site of policy solution (Nevins). Others argue that the backlash was not merely against illegal immigrants, but was rather directed against immigrants in general, particularly "the nonwhite, non-English speaking, and the relatively poor" (Nevins). These concerns resulted in a declaration of "war" against unauthorized immigrants which led to a short-term shift in INS (Immigration and Naturalization Service) policing tactics along the Mexico-U.S. border and to the massive infusion of enforcement-related resources, such as California's Operation Gatekeeper (Nevins). "
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Common Law, 2005.
An analysis of the differences between common law and equity law.
1,445 words (approx. 5.8 pages), 6 sources, MLA, $ 47.95
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Abstract
The paper discusses common law and explains its interpretations and many applications. The paper examines the history of the development of common law, and explores its connection to and the differences between equity law. The paper further details common law and explains it as an adversarial judiciary system of laws. The paper continues by explaining equity law and its origins. The paper concludes that in 1873 courts of law and equity were united in England. In the United States, courts of equity also developed, however there was no distinct separation between courts of law and equity in the federal system.
Outline:
Introduction
What is Common Law?
What is Equity Law?
Differences between Common Law and Equity Law
Conclusion
From the Paper
"The common law is made out of the dust of conflict - the Judges will have their feelings powerfully evoked on behalf of the various dramatis personae. They will experience emotions from appreciation to indignation and from approval to disapproval. It is only against that vivid background that the rationales for the decisions of cases are created. Common Law Judges do not often sail into the oceans of abstraction."
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Contract and Tort Law, 2005.
A discussion regarding the legalities involved in Contract Law and Tort Law.
900 words (approx. 3.6 pages), 2 sources, $ 35.95
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Abstract
This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper
"Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
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