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Rule of Law in Ancient Rome, 2002.
This research paper discusses the Rule of Law in Ancient Rome, focusing on events after the Republicans took over.
1,070 words (approx. 4.3 pages), 3 sources, AU$ 63.95
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Abstract
This paper looks at how the rule of law served as a basis for the Roman Republic. The research paper is divided into three distinct parts. The first and the introductory part reveals an overview of Ancient Rome and the old city of Rome. The second part gives a detailed account of the Rule of Law in Ancient Rome, addressing the underlying philosophy of the Rule of Law. In addition, this part highlights the consequences of the rule of law and explains the downfall of the Republic. The last section discusses the emergence of modern Rome. All the above-mentioned components are connected to the basic theme of the paper that discusses the philosophy of, causes of and reasons for the Rule of Law in ancient Rome.
From the Paper
"Many civilizations have grown from berserk to better and from reaching the disastrous end to regaining glory and grandeur. However the history has witnessed a good few international cultures that have transformed their weaknesses into strengths, took a stand for a better world where their generations are far more secure. A world that can offer them harmony of soul, peace of mind and a bright future to look ahead to. However after endless feuds and struggles, there are many examples of those civilizations that turned barbaric at the end of the century, recuperating later to be one of the most cultured nations. One such civilization that saw many good and bad phases and covered a sea of tormenting struggles, including taking a stand against despots of their time and fighting for their rights as a nation against the tyrant monarchs is the Roman Empire."
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The Rule of Law, 2007.
An examination of the rule of law in pre-modern China and Korea.
1,477 words (approx. 5.9 pages), 6 sources, MLA, AU$ 81.95
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Abstract
This paper looks at the rule of law most commonly used in association with Chinese pre-modern (and modern) history, and by extension with Korean pre-modern history. It explains how the rule of law under Chinese legalism failed in its aims to revolutionize the corrupt existing governmental system. The paper concludes with the suggestion that future research should keep abreast of the current literature and political situation in China, Korea, and other countries in terms of gauging whether the rule of law still has modern relevance.
Outline:
Introduction
Methods
Literature Review
Discussion
Conclusion
From the Paper
"The rule of law is a concept introduced by government which dictates that authority is only legitimately allowed when it is in agreement with written public laws and according to recognized legislative procedures. It is used as a safeguard against a government's ability to act of its own volition, as is rife under typical totalitarian and authoritarian arrangements. The arrangement generally capitalizes upon a distinct separation of authority with an emphasis on equality for the state's citizens. However, as with many government-enforced institutions designed with magnanimous goals, many believe the law amounts to little more than bureaucracy - that it is a superficial concession to public pressure which does not in reality restrict arbitrary governance, as government privileges can still be ratified via transformation into legal provisions."
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The Rule of Law, 2005.
A review of "The Problem of the Grudge Informer", by Lon Fuller and the Rule of Law.
1,125 words (approx. 4.5 pages), 1 source, AU$ 74.95
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Abstract
This paper analyzes the Rule of Law. It review the concepts discussed in "The Problem of the Grudge Informer", by Lon Fuller. The paper discusses the hypothetical problem in the law that is clearly based on the real world experience of Germany under the Nazi regime. Fuller's problem essentially concerns the concept of the rule of law and how the law can be said to exist in a state in which a duly elected government willingly and successfully perverts justice for its own ends while all the while acting within the many of the technical parameters of the legal code of that specific state.
From the Paper
"The Rule of Law and the Problem of the Grudge Informer In "The Problem of the Grudge Informer" Lon Fuller presents a hypothetical problem in the law that is clearly based on the real-world experience of Germany under the Nazi regime. Fuller's problem essentially concerns the concept of the "rule of law" and how the law can be said to exist in a state in which a duly elected government willingly and successfully perverts justice for its own ends while, all the while, acting within the many of the technical parameters of the legal code of that specific state. "
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The Rule of Law, 2002.
This paper contrast the views of Friedrich Hayek and Lon Fuller on the law.
2,275 words (approx. 9.1 pages), 2 sources, AU$ 142.95
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Abstract
This paper points out that Fuller believed in the social contract while Hayek contended that human interaction would create a spontaneous law. The author believes that Fuller's is the more sound thesis.
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The Over-Reliance on Rules and Laws, 2004.
This paper contends that the present day over-reliance on statutes and regulations in America as a means to create a just and fair society has achieved just the opposite.
1,010 words (approx. 4.0 pages), 4 sources, MLA, AU$ 59.95
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Abstract
This paper, which bases its argument on ?The Death of Common Sense? by Philip K. Howard, contends that the dispensation of justice requires the understanding and practice of the spirit of the law. The author relates that the root of the system is the rationalist movement of the 1960s, which favored statutory law, as it was believed to be more consistent and fair. The paper concludes that the worst malaise of a system that follows the letter and not the spirit of the law is the fear syndrome that it creates, which undermines the very promise of justice to create security, safety, and overall social well-being.
From the Paper
"Bureaucracies, as is widely acknowledged, usually lead to the stifling of good ideas, innovation, initiative and most important a loss of perspective. Indeed, experience has shown again and again that bureaucracies usually miss the wood for the trees and, in doing so, defeat the larger purpose for which they were set up in the first place. Howard ably demonstrates this very point when he cites the example of Mother Teresa?s nuns of the Missionaries of Charity having to perforce abandon their plans to convert two abandoned buildings into homeless shelters in New York City because of the bureaucratic insistence of the city?s building code that the nuns would have to install a lift (Howard, 3-5). The irony of the situation lies in the fact that the nuns were on a mission to carry out an act of social justice. The city of New York itself had offered the nuns the two buildings at the princely cost of $ 1 each, recognizing the objective of social justice; but the statutory law that was meant to ensure social justice through the protection of human rights would not permit it! This, then, is a clear case where the ?letter? of the law weighed far more heavily than its spirit."
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Law in the Context of Terrorism, 2003.
An analysis of the effects of recent terrorist activites on the validity and democracy of the rule of law in Australian society.
2,208 words (approx. 8.8 pages), 7 sources, MLA, AU$ 115.95
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Abstract
This research paper outlines some key effects of terrorism on the application of the rule of law. By outlining key historical events in conjuction with the practical analysis of the law and its connotations, one is able to see how terrorism may effect the validity of the law in a social, economic and political context.
From the Paper
"Terrorism is the largest threat to democracy the world has seen. The recent September 11 attacks on the World Trade Centre in New York and the Pentagon are often perceived as the beginning of a ?never ending? war against terror. However, the perceptions of the qualities of a terrorist differ from person to person, which presents a conflict as to who really is a threat, and who is not. For example, the United States Department of Defence believes that a terrorist is a person or group who carries out an attack for a political, religious or ideological purpose whereas, in a time of war, a terrorist would be someone with only a ?remote chance of achieving their aims?."
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Government and Democracy, 2008.
This paper explores whether the rule of law limits or enhances democracy, specifically in reference to the United Kingdom.
2,716 words (approx. 10.9 pages), 16 sources, APA, AU$ 137.95
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Abstract
The paper examines what a democracy is in order to determine whether the UK's democratic government is capable of endorsing the rule of law. The paper then considers the ways in which the deliberative model of democracy may benefit the citizen, while also taking a realistic, critical approach of why this theory may not succeed using Joseph Schumpeter's market theory of democracy as a main source. Finally, the paper determines whether the rule of law does in fact limit or enhance the UK's democracy and argues that the rule of law is limiting democratic rule.
Outline:
Introduction
What Comprises a Democracy
Models of Democracy Disputed
The Relevance of the Rule of Law within a Democracy
Conclusion:
From the Paper
"The importance of understanding what form legitimate government should take is, according to Lock and Hobbes, in order to realise the "conditions for security, peace and freedom." ("Held 78) Although the concept of democracy has existed for thousands of years it has only recently reasserted itself within the United Kingdom's contemporary governmental domain. During the fifteenth to the eighteenth century "two different forms of political regime were dominant in Europe: 'the absolute' monarchies of France, Prussia, Austria...and the 'constitutional' monarchies and republics of England." (Held 70) Paradoxically, from this absolutist regime emerged a democratic government since "as the state's administrative centres became more powerful...the increase in administrative power increased the state's dependence on cooperative forms and social relations". (Held72) This founding of democracy legitimizes Locke's concern that the democratic government is egoistic because the concentration of power is focused more on the state than the citizen."
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Constitutional Law in the United Kingdom.
This paper examines the constitution of the United Kingdom, specifically the "conventions" of law, their ability to be enforced, and the superior rule of law.
1,665 words (approx. 6.7 pages), 5 sources, MLA, AU$ 91.95
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Abstract
This paper explains that the United Kingdom (UK), or Great Britain, is considered a democracy, which operates under a parliamentary system in which the supreme authority is held by the legislature under a figurehead sovereign, who, for all intents and purposes, does not rule but does reign. The author points out that, due to conventions, the Queen generally will not act against the advice of her ministers, but her participation is a requirement, as is her approval. The paper relates that the sources of constitutional conventions are those things that are acceptable and have been acceptable for a long time, things that society finds acceptable within the realm of its morals, beliefs, or principles, based on many years of compatibility and agreeability among the majority of society.
Table of Contents
Statement of Thesis
Introduction
Government of the UK and Great Britain
Parliament
The Legislature
The Executive
The Judiciary
The Crown
The House of Lords
The House of Commons
Political Parties
The Ministry and Cabinet
County Courts
Constitutional Conventions
Functions of Constitutional Conventions
Conclusion
From the Paper
"An act of Parliament can make changes in the constitution or a new convention being established through usage and acceptance in general. An appointed committee released a report in 1973 which makes recommendation for revisions that were major in nature. These recommended revisions would permit the constituent parts within the United Kingdom to take the reins of control of their own affairs to a much greater extent. The government is composed of the Parliament which governs in the name of the Crown or Monarchy and is considered to be supreme. The three branches of the Parliament are the Legislature, Executive and Judiciary branches."
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St. Francis's Rule and St. Benedict's Rule, 2004.
A comparison and analysis of these two Christian rules, which explain how one should live one's life.
1,459 words (approx. 5.8 pages), 2 sources, MLA, AU$ 81.95
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Abstract
Both the Rule of St. Francis and the Rule of St. Benedict pertain to how to live a life in chastity and how to live a life with God. The major rules of both focus on the foundations of a life in being a God?s servant, particularly the apostolic way of life and that of belonging in a monastery. This paper explores these two rules and compares their major points.
From the Paper
"Though both rules focuses on the same principles of putting God in everything and that everything must be subservient to God, they however generally differ in the characteristics that they were implemented. St. Francis?s rules were highly set in terms of practice. Their implementation were more of severity in character especially on matters regarding appropriating temporal things to one?s self."
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The Right to a Fair Trial, 2008.
A report on the right to a fair trial which can be found in all countries that respect the basic rules of law.
1,435 words (approx. 5.7 pages), 8 sources, APA, AU$ 80.95
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Abstract
The paper discusses numerous cases showing that the Sixth Amendment to the US Constitution has indeed been effective in guaranteeing the rights of individuals to a fair trial and confirms that this may or may not lead to favorable decisions by the courts. Legal counsels for the defense as well as those from the prosecution side would find legal loopholes in trials using the Sixth Amendment as the excuse to reverse or appeal decisions. The paper states further that the results are not important. What is important is that there are provisions that protect the individual's basic rights and freedom and that each individual will be guaranteed that he will have a fair trial because of the Sixth Amendment.
From the Paper
"However effective some of the provisions in the Sixth Amendment are, there are still instances wherein the Sixth Amendment right to a fair trial is being violated. The issue concerning the U.S. Military violating the rights to a fair trial of numerous detainees in Guantanamo Bay is still pending. There are still hundreds of individuals at Guantanamo Bay who are being detained for as long as two years now without even being charged (Guantanamo Bay - a human rights scandal). This violates the right of an individual to be informed of the charges pending against him which are guaranteed by the Sixth Amendment. This is still debated upon since it is the U.S. Military Commission that is the one in charge of the detainees and not the Federal Government."
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Public International Law, 2006.
This paper discusses the enforceability and influence of public international law.
1,083 words (approx. 4.3 pages), 22 sources, MLA, AU$ 63.95
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Abstract
In this article, the writer discusses that international law first emerged as a system of rules to govern relations between sovereign countries. The writer notes that amongst its many functions, international law serves to facilitate trade between nations, avoid conflict, and offer protection for citizens worldwide. It is argued by critics that International law is not 'real' law because, as distinct from national law, it lacks a well-defined and structured legal system. This essay addresses the fundamental elements of sovereignty, legislature, police, and courts, and their applicability to public international law in general. By examining these key elements, it is shown that in comparison to national law, international law is weak, ineffective, and not really 'law'.
Outline:
Introduction
Who Rules International law?
The Creation of International Laws
The Enforcement Debate
Non-Compulsory Courts?
Conclusion
From the Paper
"In International law, all states are sovereign and as such are equal in theory. However, it can be considered that in today's International legal system the major players are western nations, most notably America. It is probable that these countries exert more of an influence on the world stage than smaller nations, effectively making the international legal system unequal. In a national legal system, the sovereign is generally well defined. However, International law has no such structure, and lacks a sovereign. The sharing of sovereignty between states is a weakness of the international legal system that is generally not found in national legal systems."
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Wills and Rule of Construction, 2008.
An analysis of the rule of construction with regards to the Indian Succession Act of 1925 and private international law.
5,486 words (approx. 21.9 pages), 23 sources, APA, AU$ 226.95
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Abstract
This research paper discusses the rule of construction, which is a very important tool for construing the intention of the testator in the will. It begins by defining what a will is and defining rule of construction. The paper then explains this concept using the Indian Succession Act of 1925 and case laws. It also discusses the rule of construction under private international law.
Table of Contents:
Introduction
Rule of Construction
Nature and Scope
Research Questions
Chapter One
Wills
Chapter Two
Rule of Construction
Construction of Words
Ascertaining the Intention of the Testator
Construction of Wills
Chapter Three
Rule of Construction in Private International Law
Conclusion
From the Paper
"The 'rule of construction' in the Indian legal system gives utmost significance to giving effect to the intention of the testator. The duty of the court is to endeavor the ascertainment of the intention of the testator while construing a will or any other testamentary instrument. The aid of the private international law is necessary only when the intention is expressed in a manner that leaves no room for doubt. This is because the duty of any court, no matter in which country it may sit, is to give effect to expressed intentions and, if they are clear, there can be no occasion to test the language of the will by reference to any particular legal system. Generally, the interpretation of a will depends on the law of the testator's domicile. This approach is supported by section 4 of the Will Act 1963 which provides that the "construction of a will shall not be altered by reason of any change in the testator's domicile after the execution of the will. However, the rule that the interpretation of a will depends on the law of the testator's domicile is not absolute. If the testator has manifestly contemplated and intended that his will should be construed according to some other system of law, then this rule does not apply."
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Exclusionary Rule, 2007.
Description of exclusionary laws in the US Constitution which forbid certain types of evidence to be presented in court.
3,329 words (approx. 13.3 pages), 21 sources, APA, AU$ 160.95
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Abstract
This paper explores the role of the exclusionary rule in the US legal system. The writer first defines exclusionary rules as a set of guidelines which dictate that evidence and or admissions of guilt obtained illegally will be excluded from being heard in criminal trials. Next, historical controversies involving this set of rules are discussed. Also examined is the manner in which law enforcement is affected by the exclusionary rule. The author also considers the need to seek a balance between collecting evidence yet protecting the individual's Constitutional rights. Finally, the author proposes changes for the exclusionary rule, which may include compensation when rights are violated.
Outline
Introduction
Controversy and History of the Exclusionary Rule
Law Enforcement Effects
Protecting Good Faith Exemptions
Is it Time for Change?
References
From the Paper
"The exclusionary law or laws, more appropriately, then go on to provide a set of rules that dictate that evidence and or admissions of guilt obtained illegally will be excluded from being heard in criminal trials. What this quite often amounts to is that criminals who are guilty can go free, if the evidence needed to convict them is tainted in some manner, having been acquired illegally, with certain exceptions, though many argue the exceptions and rules are unclear and are in constant need of redress by the courts. (Chun 2000:799) (Holland 2000:1107)"
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Sports Law, 2005.
A sports law analysis focusing on trademark law.
690 words (approx. 2.8 pages), 3 sources, APA, AU$ 39.95
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Abstract
This sports law analysis focuses on trademark law and trademark licensing law and includes the issue, the rule of law, an application and a conclusion addressing the impact of these laws and the relationship between professional sports, journalists and business.
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Sports Law, 2005.
An analysis of sports law.
690 words (approx. 2.8 pages), 4 sources, APA, AU$ 39.95
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Abstract
This analysis of sports law includes an issue, the rule of law, and the application of law regarding NCAA legislation pertaining to the use of banned substances by athletes and the factors involved in wrongful death civil actions. The paper uses the case of Linda Will in her wrongful death suit against the University of Northwestern in the death of her athlete son, Rashidi Wheeler.
From the Paper
"The issue at hand revolves around National Collegiate Athletic association NCAA legislation pertaining to banned drugs and ineligibility for athletes for use of banned drugs. The issue also revolves around civil action pertaining to wrongful ..."
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Criminal Law History, 2003.
An overview of the developments in English criminal law (and its applications) up to 1850.
2,656 words (approx. 10.6 pages), 6 sources, MLA, AU$ 133.95
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Abstract
This paper examines how the period of the industrial revolution was possibly the most influential period in the development of the criminal law and the associated institutions. It looks at how a shift from punishment to the beginnings of rehabilitation took place and how many fundamental concepts of a fair system were beginning to appear to create a solid foundation for what we have now. It also explores how the ideas of justice, equality, reasonableness and the rule of law took over from a simple system of revenge.
From the Paper
"One of the most important changes that occurred during, and partially due to, the industrial revolution was the concept of democracy and the development of a central government with greater powers. This increase in centralisation led to a shift of control from landowners and representatives of the monarch to an elected body able to pass and execute laws on a national basis, rather than the execution being done on a local scale, or as Foucault puts it, a shift from sovereignty to government . This coupled with the migration of people out of the countryside and small rural parishes into sprawling cities broke down the social pattern that had been well established. No longer were people tied to land and thus the land owner, but a free market where people could freely sell their labour to the highest bidder."
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