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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, AU$ 51.95
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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, AU$ 69.95
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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, AU$ 68.95
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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, AU$ 55.95
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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, AU$ 122.95
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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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Morality within Law and Legal Philosophies, 2002.
Discusses the naturalist versus the positive theorist philosophies.
1,650 words (approx. 6.6 pages), 4 sources, AU$ 80.95
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Abstract
This paper shall compare the philosophies found in the naturalist perspective against those of the positivist theorist philosophies. This paper shall achieve this through focusing primarily on the beliefs of the philosophers St. Thomas Aquinas, Ronald Dworkin and H.L.A. Hart.
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Secular Studies in Jewish Law, 1999.
A Halakhic analysis of the permissibility of secular studies within the confines of traditional Jewish law.
3,670 words (approx. 14.7 pages), 31 sources, AU$ 131.95
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Abstract
This paper is a survey of sources in Jewish law from the earliest to the most modern on the topic of secular studies. Throughout the generations, there has been a serious legal debate as to the permissibility of the study of secular knowledge within the confines of traditional Jewish law (halakhah). The paper makes no judgment on either side. It is only a presentation of the sources and an analysis of the various opposing viewpoints on the issue. Earliest sources are from the Bible, latest sources from the 20th century.
From the Paper
"For the modern Jew, the most engaging problem within Jewish law is, ironically, the question of what is not Jewish law, namely, secular knowledge and philosophy. The study of subjects such as mathematics, the sciences, the liberal arts, and the various trades and vocations, is indeed a challenging notion, given the understanding that the Torah (Old Testament) is the blueprint for all human behavior, and that its study is equal in importance and reward to all of the other precepts combined.[1] The Torah, in fact, seems to issue a formal warning against secular studies: ?This book of law [Torah] shall not depart out of your mouth; but you shall meditate therein day and night?-the study of Torah must be constant, leaving no time for other intellectual pursuits."
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Environmental Law Case Study, 2004.
Presents a case study specific to a company's practice of dumping toxic waste.
1,221 words (approx. 4.9 pages), 2 sources, APA, AU$ 53.95
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Abstract
This paper is devoted to the dilemma of clarifying the ethical, legal, and public relations matters pertaining to toxic, production waste dumping. It is written from the perspective of the Vice President of Production and de facto head of the company seeking to dispose of the waste. The paper considers the potential legal liability of the company regarding toxic substances, the substance?s effects on the local environment and health of the local population, and any breaches of ethics committed by the parties involved.
From the Paper
"Firstly, the company is responsible for keeping abreast of all legal aspects of dumping. This includes but is not limited to which wastes can be contained in holding ponds, as dictated by the current laws of the state and nation. The holding pond must be in line with regulations regarding the disposal of the particular wastes involved. In the current scenario, it is at least gratifying that the Vice President of the company attempted to make sure that the environmental consultant for the company agreed that the dumping would be in compliance with all of the legal strictures regarding the disposal of waste materials."
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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, AU$ 103.95
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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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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, AU$ 103.95
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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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Zipf's Law and Benford's Law, 2007.
An analysis of the mathematical significance and applications of Zipf's Law and Benford's Law.
1,279 words (approx. 5.1 pages), 4 sources, MLA, AU$ 56.95
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Abstract
This paper addresses both Zipf's Law and Benford's Law. It describes the theories of each law in detail and discusses how they can be applied to various situations. It describes Zipf's Law as not a theoretical law, but rather an experimental law. The paper then discusses the significance of these two laws to the field of mathematics.
From the Paper
"However, there is some lack of precision where this is concerned. Most items have to occur a number of times that is actually an integer (Li, n.d.). In other words, a word that is seen within a document cannot appear in that document 2.5 number of times. It either must appear, in this example, 2 times or three times, since there cannot be an area of the document where only 1/2 of the word appears. Despite the fact that there is some variation and lack of precision, however, when wide ranges are examined and one only desires to have a relatively close approximation, many of the natural phenomena that are seen in this world do obey Zipf's law (Li, n.d.). This is seen to hold true as long as the individual examining the issue is not looking for scientific precision and will accept the slight variation that is seen."
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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, AU$ 38.95
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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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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, AU$ 90.95
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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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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, AU$ 43.95
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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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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, AU$ 59.95
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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 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, AU$ 73.95
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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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