This paper discusses in detail the clauses of the MagnaCarta and provides background information about King John and the origin of the MagnaCarta of 1215.
Abstract This paper explains that MagnaCarta (Great Charter) of 1215 was created as a reaction to royal privileges, which have gotten out of hand. It discuses how King John recognized he must appease his barons, with whom he was haggling over grievances and demands, to keep order in the country. The author points out that each detailed clause clearly spelled out great changes in how England was to be governed, which, although meant to appease the barons, had a much more lasting effect on government and royal policy. The paper stresses that the final clause, which may be the most important of the entire document, includes the phrase "men in our kingdom shall have and keep all these liberties, rights and concessions, well and peaceably in their fullness and entirety for them and their heirs, ... in all things and all places for ever": This is the clause, which created a democracy in England and found its way across the Atlantic to America and beyond.
From the Paper "To understand the underlying principles and organization of the Charter, it is necessary to understand the feudal system in England in 1215, and especially the barony. King John came into power at a time when England was at odds with France. Eventually, the English lost title to lands they had conquered in France, and this led to the first problems between King John and his barons. One medieval historian notes, "Barons who resented both fighting and paying to keep their king's continental lands resented the loss of them only when they found to their surprise that it meant the loss of their own lands in France as well as the king's." After that, there was never confidence and trust between the king and his barons. It was common practice for the king to levy his barons for his expenses, including his failed campaigns in France that had lost lands and titles."
Abstract This paper looks at various legal institutions and laws throughout history and how they have been applied, if at all, to kings and rulers. It looks at the signing of the MagnaCarta and how this represented, for the first time in history, a government passing a law requiring that it follow the law as well. The paper goes on to discuss how the MagnaCarta became the inspiration for the Constitution of the United States of America.
From the Paper "Different states and different times have seen widely varying views on the power of the executive, and the rights of the people. Most ancient nations subscribed to the opinion that the ruler was largely above the law. The concept varied somewhat, for example, in Egypt, the Pharaoh's every word constituted a new legal pronouncement, while in Mesopotamia, the King typically issued law codes that were seen as being the will of the gods. Thus, in the lands along the Tigris and Euphrates, there were some limits to royal authority in so far as both king and subject were ultimately bound by the same commandments, but still, interpretation of the divine will lay in the hands of the King, for it was he who was normally high priest of the gods. Later, in certain Greek city states, such as Athens, the entire population of free men was held to constitute the government."
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 MagnaCarta 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 This paper examines how both France and England vied to become the most powerful monarchies in Europe and how throughout the 13th and 14th century, wars for land and supremacy were fought until each became a power in its own right. It focuses on the questions of how England achieved centralized power much faster than France, due to the political and territorial layout of the country and how France become more powerful than England in the 13th century due to the leadership of Louis the IX and other events culminating in the signing of the MagnaCarta in 1215 which forced the English king to relinquish much of his power.
From the Paper "The King of France was only able to achieve centralized leadership through territorial sovereignty through inheritance, marriage and finally war. This was not an easy task because there was a great deal of loyalty within the cities and they supported their local jurisdictions. The problem was finally resolved when the Crown allowed regional powers to maintain some of their local customs and laws but was governed by a selected official of the Crown.
But France had to struggle with the clergy and issues that would affect them as well as the constituency. They never quite achieved the level of support for royal initiatives from the church that was needed to perpetuate the Crown as a central authority."
This paper traces the evolution of the concept of individual rights expressed in the U.S. Constitution by examining the founding documents written prior to the Constitutional Convention.
Abstract This paper explains that each founding document critical to the U.S. Constitution makes reference to the importance of man's free right to exercise his political will under a tolerant and open form of government. Furthermore, key concepts like the right to a fair trial and land and property ownership rights were underscored in these earlier founding documents. The author defines the founding documents as the "MagnaCarta", the "Mayflower Compact", the "Virginia Declaration of Rights", the "Declaration of Independence", the "Articles of Confederation" and the "Federalist Papers". The paper relates that the concepts of "all men being created equal" and having the unalienable rights to "life, liberty and the pursuit of happiness" as presented in the preamble of the U.S. Declaration of Independence are the fundamental concepts of freedom incorporated into the present-day constitution and powerful core principles upon which future democratic documents will be written.
From the Paper "The Magna Carta of 1215 A.D. was the first of these documents, as an English liberty charter decreed by King John. This early document covered broad areas from property rights to rights of heirs, marriage laws, and criminal prosecution. Article 52 states "To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgment of his equals, we will at once restore these," making note of civil liberties of men, although based on the notions of an English royal class system."
Abstract This paper explores the origins and history of habeas corpus, from its roots that predate the MagnaCarta through to the present day, where it is being employed to the benefit of hundreds that wrongly languish in prison. The paper also explains the distinction between civil right and civil liberty and discusses which applies to habeas corpus. Lastly, the paper looks at the historic ups and downs of habeas corpus and discusses its unique place in the Constitution, separate from provisions contained in the Bill of Rights.
From the Paper "Rights and liberties need to be at their strongest when public support is at its weakest. Civil rights are decreed by law, civil liberties are God given, and the actions of legislatures are inevitably governed by the politics of the time. Habeas corpus is a civil liberty included among the "self evident truths" of the Declaration of Independence, and alone one of the civil liberties that can be suspended by acts of the government during times of crisis. The president judged by history as one of the best, sought to suspend these liberties in time of extreme crisis in the nation's young history. It was circumvented to increase support during a world war, to intern "dangerous" citizens during another, and to grant due process rights to perpetrators of the war for the new millennium. It is now freeing hundred of wrongly convicted people of a crime. The future of habeas corpus is uncertain in the short term, but solid in the future as all inalienable rights bestowed upon the common man by his creator."
Abstract The paper discusses how America's founders sought legal inspiration from the England's concepts and structure of government. The paper looks at how many of the MagnaCarta's protections were built into new constitutions written by the state. The paper further shows how English philosophical advances upholding the rights of citizens and Parliament and the curtailment of the rights of the monarch both inspired America's Founding Founders and continue to make their influence felt in American law.
From the Paper "Fundamental to the U.S. Constitution are concepts that established in Britain from 12th century onward. Although America began as a nation in resistance to the English monarchy, this did not prevent its founders from seeking legal inspiration from the Mother Country's concepts and structure of government. The earliest example of the development of checks upon monarchial rule is perhaps in the 1066 Ordinance of William I, when the Norman conqueror agreed to uphold the existing feudal laws and customs of the land, rather than replacing them all outright."
Abstract This essay investigates the constitutional concepts in the American constitution, the document on the basis of which the American republic is conducted. The essay focuses on the historical developments that grew out of constitutional and legal developments in England. In that process, this essay briefly investigates the impact and legacies of examples such as the Battle of Hastings (1066), through to the MagnaCarta (1215) and the central contributions of Enlightenment thinkers, including Hobbes, Rousseau and Locke.
Abstract This paper gives a brief description of the origins of the United States jury system and then goes on to explain how it works. The different types of jury systems are described and explained, how jurors are selected, the role of the jury, and the benefits and disadvantages of a jury system are all discussed in this paper.
From the Paper "In United States courts, the jury is a system by which, in theory, defendants are given a trial that is fair and unbiased. The ideal is that twelve persons from the same peer group as the defendant will be able to deliberate without prejudice the position of the defense, and the outcome of the trial. In reality however it is often the case that jury members are unable to arrive at a logical and fair conclusion due to several factors beyond their control, including interference from court systems and the law."
Abstract This paper begins with an outline of the basic human rights provisions of the European Convention on Human Rights (ECHR) and then presents an outline of the United Kingdom's Constitution and how it is supposed to safeguard against infringements of basic human rights. The paper follows this with an analysis of the ECHR's impact on UK jurisprudence and a discussion of some of the positive effects of the ECHR.
Outline
Basic Human Rights Provisions of ECHR
The Problem of an Unwritten Constitution
The First Test of the ECHR
Limited Impact over Time
Neo-conservative Behaviour Regarding Justice
Some Positive Effects of the ECHR
Some European Findings in U.K. cases
Freedom of Speech as a Human Right
E-expression Law in the U.K. and the ECHR
From the Paper "That is the element of the United Kingdom's response to the ECHR that is easy to assess. Everything that happens thereafter is more difficult and, in fact, can probably only be glimpsed in bits and pieces through both case law and national and international actions that have some human rights components. The reason for this is that the U.K. Constitution, unlike most others, is unwritten. Rather, the sovereignty of the Westminster Parliament is absolute: a later Act of Parliament always overrides former legislation if there is direct conflict between them. Therefore, U.K. safeguards against infringements upon human rights are not contained in any basic law, but ?can be found in specific Westminster statutes and judge-made common law.? Domestic law and international law are maintained in relatively close relationship by a principle of judicial interpretation that holds that international law forms part of the law of the land."
Abstract The paper reviews the history of the Council of Europe and The Convention for the Protection of Human Rights and Fundamental Freedoms, commonly known as the ECHR (European Convention on Human Rights). The paper analyzes the history of human rights in the UK beginning with the MagnaCarta of the 13th century, and continuing into the 20th century, when legislation was developed to coordinate British law with the original ECHR of 1949 and its subsequent charters and protocols expanding European protections of civil rights. The paper reviews various sections of the ECHR and compares them to English Common Law and provisions of the UK's Human Rights Act of 1998. The paper discusses the difference between non-derogable rights and derogated rights, citing several relevant sections of the ECHR. It also examines several points of the ECHR and considers their acceptability under UK law. In conclusion, the paper finds that the ECHR laws are quite complex and that new British legislation only furthers the dissonance with their applicability to the UK.
Table of Contents:
Introduction
Analysis
Conclusion
Bibliography
From the Paper "The Council for Europe had been originally established at the end of the Second World War and had an objective of the protection of Europe against totalitarianism and atrocities that were witnessed during the war. This council had the convention as a treaty within the actions it took. (European Convention on Human Rights) The United Kingdom was one of the founder members of this convention and also involved in the design of the law. It was also one of the first countries to approve the treaty. It has also appeals to be made to the European Commission for Human Rights since 1966. The influence of the Convention has been growing in the UK during the past ten years as the European Court of Human Rights are now taking quicker action about the appeals that are being made to it. (The European Convention on Human Rights)"
Abstract This paper discusses individual rights in England and America before the Constitutional Convention. The paper begins by discussing the Charter of Liberties, enacted into English law in 1100 under King Henry I. The paper explains that the charter specifically addressed the king's treatment of church officials and was intended to ensure their freedoms in the country. The charter attempted to address the known abuses that that former kings had levied against those representing the church, and it restricted the king's power by law. The paper also explains that the Charter of Liberties was considered the framework for the MagnaCarta and that it was agreed to by Henry I.
From the Paper "Roman North Africa is one of the richest sources of architectural remains from the empire. This good fortune is largely because of to the climate, the subsequent political history of the region, and the fact that some centers, such as Leptis (or Lepcis) Magna and Sabratha, were abandoned fairly early and were soon covered over with sand. The architectural ruins of Leptis Magna reflect the once-flourishing city's history under Roman domination and fall into two general periods--those of Augustan Rome and of Septimius Severus. The contrasts between the remains of the older part of the city and the unusual monumental quarter built by Septimius tell the viewer a great deal about the history of imperial architecture in the provinces.
The city of Leptis Magna was, with Sabratha and Oea (now.."
Abstract The paper provides a detailed analysis, as well as a personal review, of the oil and magna painting "Stepping Out' by artist Roy Lichtenstein, which is displayed in the The Metropolitan Museum of Art. The paper shows how "Stepping Out" is a work of Pop Art and seems to epitomize the superficiality of the dating experience in America. The paper also describes other works of art by Roy Lichtenstein.
From the Paper "Artists like Lichenstein and Warhol represented the natural creative progression of twentieth century art. Moving away from the abstract expressionist vogue they depicted the everyday reality of mass culture. Themselves emerging from a background in commercial art, they used familiar objects both to allow viewers to relate directly to art and to offer social satire.
Contemporaries, Lichtenstein and Warhol matured in their art under the heritage of American forerunners Robert Rauschenberg and Jasper Johns who planted the seeds of Pop Art. Rauschenberg constructed collages from household objects and Johns repetitively painted American flags and bull's-eye targets. These artists in turn emerged under the influence of European forerunners like Richard Hamilton who produced Just What Is It That Makes Today's Home So Different, So Appealing? in 1956."
This paper is a research proposal on the risk and opportunities of working capital, working capital management, cash conversion cycle and credit management, among others.
Abstract This paper is a research proposal that discusses Lawrence Sports, a company that manufactures and distributes sports equipment and protective gear. Lawrence has a cash flow problem because its largest customer, Mayo Stores, is not paying on time. This paper benchmarks other companies to determine an alternative solution which will enable the company to improve its overall cash flows. The paper introduces research that assesses the risks and opportunities of working capital, working capital management, cash conversion cycle, credit management, and short-term financing/debt reduction to prepare for long-term opportunities, cash flow, and identifies the best practices in working capital management. Also, the paper has a large appendix with information from multiple companies.
Outline:
Abstract
Introduction
Conclusion
References
Appendices
Borders
General Electric
Magna Entertainment Corporation
Fleetwood Enterprise
Wal-Mart
Starbucks
Graham Manufacturing
Dell Computers
From the Paper "In addition to the other working capital issues identified, Lawrence Sports also is experiencing issues with its cash conversion cycle. Currently, Lawrence is using short-term financing in the form of cash from operations and a bank line of credit to not only finance short term assets such as inventory but also ongoing operations. Doing so places a significant pressure on the company to convert cash quickly. Benchmarking two other companies who have successfully controlled their cash conversion cycle could lend insights to Lawrence on how its CCC may be improved.
"Graham Manufacturing had a CCC of 134 days in 2004. By reducing the amount of time to collect 42% in 2007 and 37% in 2006 as well as increasing the amount of customer deposits prior to delivery of product Graham reduced its CCC down to 46 days by Q1 FY08. Following Graham's example Lawrence Sports could reduce its CCC by requiring Mayo, its largest customer, to pay more than 20% at the time of order. Additionally, Lawrence should focus on faster collections just as Graham did successfully. Such a plan could take the form of discounts for prompt payment or negotiate an interest charge for delayed payment."
