Understanding The Legal Systems Of The World Law Essay

Understanding The Legal Systems Of The World Law Essay I truly believe that our modern society needs Law. Laws are guidelines that set out appropriate behaviour, so we are required to follow this system of rules, in order to keep everything balanced and stabilized. Without the fulfillment of these desired tasks, man simply will become equal to animals or worse still, allow their darker sides to emerge and control their lives. Legal Systems of the World For this purpose every country has a certain system that the all citizens are required to obey: up to date there are about two hundred countries in the world and each of them makes its own Legal System that is based on certain characteristics and factors of the country. The Legal System consists of certain laws and rules that shape the citizens morality and behaviour in the society. There are many academic terms describing what legal system is but from my point of view the best one is the description by J.H Merryman: The three most widespread Legal Systems are: Continental Law Legal System, Common Law Legal System and Religious Law Legal System. Each of these legal systems is unique and has its own specific features and individual structure. Lets take a brief look on each system and see how systems differ from each other or discover their similarities. Common Law Legal System History, sources and structure The common law system prevails in Britain and its former colonies, including Australia, Canada, and the United States. Traditionally, the common law system, as the name implies, was governed not by a code, but by court-made law that developed incrementally over time. It is different from the civil-law system, which is introduced mostly in Europe and in areas colonized by France and Spain. The body of decisional law based largely on custom as declared by English judges after the Norman Conquest of 1066. The common law doctrine of following precedent, known as stare decisis remains an important component of both the English and American legal systems today. English common law was based primarily on custom, tradition, and precedent rather than a formal written legal code. Over centuries of experience, the common law became the major influence on the development of American criminal law both before and after the American Revolution. After the Revolution, the common law continued to be the basic law of most states. However, today almost all common law principles and rules have been enacted by legislative bodies into statutes with modern variations. ). One of the interesting characteristics of the system is that the common-law system allows judges to look to other jurisdictions or to draw upon past or present judicial experience for analogies to help in making a decision. T his flexibility allows common law to deal with changes that lead to unanticipated controversies. Civil Law Legal System History, sources and structure and developed in Continental Europe and around the world. It is divided into two branches: the codified Roman law and uncodified Roman law. The Differences and Similarities between the Legal Systems Common law and civil law legal systems share similar social objectives: individualism, liberalism and personal rights. A major difference between the civil law and common law is that priority in civil law is given to doctrine over jurisprudence, while the opposite is true in the common law: it finds in judge-made precedent the base of its law. The civil law doctrines function is to draw from cases the rules and the principles which will clarify and purge the subject of impure elements, and thus provide both the practice and the courts with a guide for the solution of particular cases in the future. The common law author focuses on fact patterns. He or she analyzes cases presenting similar but not identical facts, extracting from the specific rules, and then, through deduction, determines the often very narrow scope of each rule, and sometimes proposes new rules to cover facts that have not yet presented themselves. Common law jurisprudence sets out a new specific rule to a new specific set of facts and provides the principal source of law, while civil law jurisprudence applies general principles, and that jurisprudence is only a secondary source of law of explanation. Civil law judgments are written in a more formalistic style than common law judgments. Civil law decisions are indeed shorter than common law decisions, and are separated into two parts the reasons and the order. This is because civil law judges are especially trained in special schools created for the purpose, while common law judges are appointed from amongst practicing lawyers, without special training. The method of writing judgments is also different. Common law judgments extensively expose the facts, compare or distinguish them from the facts of previous cases, and decide the specific legal rule relevant to the present facts. Criminal Law and Civil Law Basic Information There are two branches of law: Criminal Law and Civil Law. That means that when a person breaks any law, he or she may be judged according to what branch of law it is. Criminal Law those laws for redressing public wrongs that injure society in general and Civil Law those laws for redressing private wrongs to individuals.  Civil law attempts to right a wrong, settle a dispute, or honor an agreement. The victim is being compensated by the person who is at fault, this becomes a legal alternative to, or civilized form of, revenge. Criminal law consists of two main branches substantive criminal law and procedural criminal law. Substantive criminal law prohibits certain forms of conduct by defining what acts constitute crimes and establishing the parameters of penalties. Procedural criminal law regulates the enforcement of the substantive criminal law, the determination of guilt, and the punishment of those found guilty of crimes. Criminal Procedure and Civil Procedure Criminal Procedure. The branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted, and punished. Thus, procedural criminal law is the process followed by police and the courts in the apprehension and punishment of criminals from the filing of a complaint by a member of the public or the arrest of a suspect by the police, up to the time the defendant is sent to jail, or, if convicted, to prison. Civil litigation that deals with private disputes between parties is subject to the rules of civil litigation, sometimes referred to as civil procedure. Criminal cases, deals with acts that are offenses against society as a whole, such as murder and robbery, as subject to the rules for criminal law, and is also known as the rules of criminal procedure.

Political Legitimacy Essay

In specifying political legitimacy. theoreticians Thomas Hobbes. John Locke. and Emma Goldman each put forth a distinguishable set of values that frame their position on a government’s right to govern. Hobbes. a strong advocate to the right of self-preservation. claims that the protection of life is the lone standard required for a authorities to be legitimate. On the other manus. John Locke believes that authoritiess should non merely continue life. but besides let for single autonomies and protection of private belongings. while Emma Goldman maintains the belief that authoritiess use coercion to take away freedoms and hence should ne'er. under any fortunes. be considered legitimate. Locke’s statement on political legitimacy. that more than merely one value is needed to do a legitimate authorities. is obliging because his standard protects more than merely the life of citizens. it allows for individual’s to hold their ain autonomies free from an oppressive crowned head and prevents the dangers posed by absolute freedom. This paper will put up the lines of authorities for each theoretician and explicate why Locke’s position on a representative authorities with separation of powers is more compelling than Goldman’s absence of authorities and Hobbes’ belief in a autonomous regulation. Throughout his work entitled Leviathan. Thomas Hobbes argues that the right to self-preservation takes precedency above single autonomies. In the province of nature. adult male is given the right to make whatever he deems necessary to continue his ain life. Man can therefore commit hurt to another adult male or his belongings if he thinks it is best to keep his ain life. This province of nature. being of course quarrelsome. leads to mistrust and competition. and encourages unsafe Acts of the Apostless and widespread fright. There are no bounds on the hurts or retribution that can happen within this province and as a consequence. citizens find themselves in demand of protection from the force of others. The Hobbesian compact therefore creates authorities. by puting all power in the custodies of a crowned head. to squelch their frights and supply for their protection. therefore set uping a province of peace. In set uping a compact and a authorities. Hobbes provides the natural jurisprudence that â€Å"a adult male be willing. when others are so excessively. as far-forth. as for peace. and defense mechanism of himself he shall believe it necessary. to put down this right to all things. † ( Hobbes 80 ) . This means that in order to protect himself. and happening others that desire their ain protection above other things. adult male will give up all of his rights to a autonomous regulation. Hobbes argues that failure to release all rights to one swayer will put the compact back into a province of nature. The crowned head. holding been given all rights of the compact has absolute power and can order all Torahs and grant or keep back all freedoms. He is non to stay by any Torahs himself. if so he becomes capable to the commonwealth that he regulations. hence give uping his absolute power. The compact nevertheless. is non obligated to obey the crowned head in the event that his regulation threatens their right to self- saving. This right being primary in Hobbes’ position is the lone thing which persons ought to put above all other duties. whether those responsibilities are to their crowned head or fellow adult male. If it happens that the crowned head is in any manner interfering with the right to self-preservation. a value held above all duties and autonomies of the commonwealth. members of the compact may withstand his bids and thrust themselves back into a province of war. This nevertheless. does non fade out the commonwealth ; it merely removes an person from the commonwealth. By fade outing authorities and the common wealth. the sovereign’s remotion from power topographic points the compact into that same province of nature from which they came and they so must set up a new commonwealth and autonomous power. Therefore. the lone manner a autonomous power can be removed is upon decease. though this frequently consequences in the sequence of another crowned head. either by the predecessor’s pick or by election. Whereas Thomas Hobbes believes that an absolute autonomous authorities is the lone signifier of legitimacy. Emma Goldman differs by claiming that no authorities is legitimate because they take off freedoms. Goldman puts forth the theory that persons. given absolute freedom. have the ability to regulate themselves and coexist peacefully in societal harmoniousness supplied by the solidarity of involvements. The menace of force and fear root from the coercive actions used by any and all opinion authoritiess. It is the belief that authoritiess prevent us from making what we want and force us to make things we don’t want to. Goldman says. that allow authoritiess to â€Å"rest on force. and are hence incorrect and harmful. † ( Goldman 17 ) . These authoritiess harm persons by â€Å"stealing in the signifier of revenue enhancements. [ and ] violent death in the signifier of war and capital penalty. † ( Goldman 20 ) . Since anarchism claims that force by authorities injuries citizens. authoritiess can non supply protection for citizens. Because of her insisting that authoritiess. being coercive and harmful. are ne'er legitimate. Goldman fails to even see the beginnings of authorities and the bounds of their powers such as Hobbes and Locke have. She asserts that coercive authoritiess use the menace of force and force against citizens to command them. taking authoritiess to prosecute â€Å"the absolute subordination of the person. † therefore restricting all freedoms and autonomies that in a free province. the person would hold entree to. ( Goldman 19 ) . The subordination of the people by authorities. degrading the population to mundane obeisance. creates an environment that is colourless and spiritless. Alternatively of adhering to the control of corrupt establishments. Goldman urges persons to interrupt the coercive clasp of authoritiess. withstand all authorization and prosecute the freedoms they would get within a province societal harmoniousness exempt from important regulation. Locke. keeping the belief that Hobbes’ rights of the crowned head would take to tyranny. and that Goldman’s value of absolute freedom would bring forth a weak and helter-skelter society without Torahs. makes a instance for authorities that combines the best of Goldman and Hobbesian theories. Locke’s position on political legitimacy allows for a authorities with separate powers. so as non to go oppressive. and for autonomies provided to citizens under authorities regulation to promote freedom and equality. Under Locke’s province of nature. all adult male is made equal by the edict of God. Each adult male must continue himself. but besides under God’s power. has a responsibility to keep peace amongst the whole of world. This position of equality. over Hobbes’ factor of self-doubt. as a chief quality in the province of nature therefore leads to a more spread and equal authorities. as opposed to Hobbes’ authorities in which all power is placed in one swayer. In a Lockian authorities. power is divided into the legislative and the executive. this separation of power supports one individual from holding complete control over another. and the legislative and executive. harmonizing to Locke â€Å"have regulations besides of naming and conveying the right to those who are to hold any portion in the public authorization. † ( Locke 101 ) . This means that all legislative and executive organic structures of regulating are bound by the ain Torahs which they make. so as non to go corrupt. oppressive and bastard. Locke. in holding with Hobbes. realizes that authoritiess should be established for the protection of the people ; nevertheless he besides notes that protecting an individual’s life should non be their lone map. The primary values Locke gives of life. autonomy and belongings. claim that authoritiess have a responsibility to non merely protect the life of an person. but protect their belongings and supply them with autonomies every bit good. He agrees with Goldman that the freedom of the person is an of import value non to be overlooked. and maintains the proviso that legitimate authoritiess must supply and protect citizen’s rights. Nevertheless. Locke does non travel so far as to vouch the absolute freedom that Goldman nowadayss. He predicts that complete freedoms will take society on a unsafe way and that Torahs are put in topographic point to patrol opportunisms and prevent adult male from doing injury to one another. Locke besides refutes the Hobbesian impression that merely the crowned head has the power to order which liberties to supply and which to keep back. He asserts that persons must be given cardinal rights which no authorization has the power take away. Sing belongings rights. Locke produces the â€Å"Labor Theory of Value† in which common belongings. when assorted with labour. becomes the private belongings of those who labored on it. Governments can non apportion this belongings otherwise and it must be entrusted to its rightful proprietor. On the disintegration of authorities. Locke advances the right of the public to set up new establishments of authorities if the former has become corrupt and oppressive. Locke approaches the disintegration of authoritiess by reasoning that persons have the right to arise against authoritiess that are found to be illicit. He claims that authoritiess are illicit when they â€Å"are altered without the consent and contrary to the common involvement of the people. † ( Locke 109 ) . He asserts that in this event. persons are obligated to arise and make a new regulating organic structure that responds to their wants. therefore giving rights of directing the authorities to its Godheads and keeping that the commonwealth is guaranteed some sum of power over its authorities. Locke’s construct of political legitimacy is obliging because it allows for cooperation between the populace and authorities which prevents the possibility of dictatorship that is derived from Hobbes’ theory. His theory of legitimacy besides protects life. belongings and the autonomies of people while forestalling any dangers to the populace that can be drawn from Goldman’s theory that no authorities is better than some authorities. At length. Locke’s theory. which successfully combines the values of separate important powers. authorities protections. and single autonomies. establishes a society in which there is a just and equal relationship between the commonwealth and its opinion establishment.

What You Should Do About Concluding Sentence Example Starting in the Next Four Minutes

What You Should Do About Concluding Sentence Example Starting in the Next Four Minutes Comments are utilised to spell out the code and cause it to be more readable. Try to remember, it shouldn't incorporate any information that wasn't discussed in the paragraph. No new information needs to be given here. You'll find all of the information that you need right here, including a number of the best examples. A concluding sentence is utilized to signal your paragraph is coming to a finish. Call to action conclusions persuade the reader to spend the argument constructed and change their lives with respect to the new information that they have gained. The expression conclusion denotes the end component of a bit of writing. Your essay conclusion is the conclusion of your paper and ties all the information with each other to recap everything. Instead, you can say that the position was referred to you by an employee and offer the name of the individual who told you concerning the job. When it's a lengthier paper, an excellent place to begin is by looking at what each paragraph was about. A conclusion starter is merely a phrase that highlights that you'll be coming to the conclusion of your written explanation, and frequently the conclusion starter hints which you're summarizing the concepts that have come before. An effective conclusion is thorough and elaborative, it gives a very clear and robust idea regarding the entire text. Choosing Good Concluding Sentence Example Concluding statements should give the sensation of summarization of your whole body paragraphs. You may then begin to compose paragraphs. A paragraph is a set of related sentences developing a central concept, known as the topic. The very first paragraph ought to be centered on the issue you must have identified in the research. Most Noticeable Con cluding Sentence Example You understand what you need to say within the next portion of your essay, you already have previous sentences, so all you need to do is identify the purpose and pick the sentence starter that will fit the very best. Not making the very best use of the concluding sentence almost invariably results in penalties. That is, you wrap up the principal points in 1 sentence. Based on the subject sentence or the major notion, some more sentences are added in each paragraph so the readers can secure a crystal clear perception about something. Title The black rhino is an intriguing mammal that differs from different mammals. To start with, the black rhinoceros' habitat differs from lots of animals. It's possible to use a concluding sentence to state how you'd like to find things change later on. For instance, if you compose a paper about zoo animals, each paragraph would most likely be about one specific animal. What Everybody Dislikes About Concluding Sente nce Example and Why Another benefit of studying abroad is the independence students may gain. Students have to bear in mind 3 big differences. For example, they have to cope with the challenges of living alone and meeting new people from different cultures. Needless to say, some students can't compose a great last paragraph, that's the reason why we are supplying you with an on-line conclusion maker. Essays would be absolutely the most practical means to provide one's opinion about any particular subject. You also summarize once again your major points of your entire essay. Writing is not just a means to communicate, it's a tool for expressing your ideas and exploring new ideas. Step 1-Decide on a Paragraph Topic Before you may commence writing, you want to understand what you're writing about. Obviously, writers may offer several examples to support their point. Many writers don't realize that it closes out the last thoughts about the subject on which they're writing. An essay plan doesn't have to be a huge thing. Motivation letter should be well organized. Essay or inspiration page offers you an opportunity to reveal your urge to focus being an intern for certain company, college, or college. Critical thinking is needed! What you say whenever you are explaining something 2. Finding a buddy to read the report and summarize the key points to you would be a terrific idea! What you say whenever there are a whole lot of different examples of something 3.

Did the Wizard Merlin Really Exist

The 12th-century cleric Geoffrey of Monmouth provides us with our earliest information on Merlin. Geoffrey of Monmouth wrote about the early history of Britain in Historia Regum Britanniae (the History of the Kings of Britain) and Vita Merlini (Merlins Life), which was adapted from Celtic mythology. Being mythology-based, Merlins Life is not enough to say Merlin ever lived. To determine when Merlin may have lived, one way would be to date King Arthur, the legendary king with whom Merlin is associated. Geoffrey Ashe, a historian, and co-founder and secretary of the Camelot Research Committee wrote about Geoffrey of Monmouth and the Arthurian legend. Ashe says Geoffrey of Monmouth connects Arthur with the tail end of the Roman Empire, in the late 5th century A.D.: Arthur went over to Gaul, the country now called France, which was still in the grip of the Western Roman Empire, if rather shakily. This is one of the clues, of course, to when Geoffrey [of Monmouth] thinks all this is happening, because the Western Roman Empire ended in 476, so, presumably, hes somewhere in the 5th Century. Arthur conquered the Romans, or defeated them at least, and took over a goodly part of Gaul....- from (www.britannia.com/history/arthur2.html) Basic Arthur, by Geoffrey Ashe The 1st Use of the Name Artorius (Arthur) The name of King Arthur in Latin is Artorius. The following is a further attempt to date and identify King Arthur that places Arthur earlier in time than the end of the Roman Empire, and suggests the name Arthur may have been used as an honorary title rather than a personal name. 184 - Lucius Artorius Castus, commander of a detachment of Sarmatian conscripts stationed in Britain, led his troops to Gaul to quell a rebellion. This is the first appearance of the name, Artorius, in history and some believe that this Roman military man is the original, or basis, for the Arthurian legend. The theory says that Castus exploits in Gaul, at the head of a contingent of mounted troops, are the basis for later, similar traditions about King Arthur, and, further, that the name Artorius became a title, or honorific, which was ascribed to a famous warrior in the fifth century. Does King Arthur Belong to the Middle Ages? Certainly, the legend of King Arthurs court started in the Middle Ages  but the putative figures on which the legends are based, appear to come from before the Fall of Rome. In the shadows between Classical Antiquity and the Dark Ages lived prophets and warlords, druids and Christians, Roman Christians and the outlawed Pelagians, in an area sometimes referred to as Sub-Roman Britain, a pejorative label suggesting that the native British elements were less advanced than their Roman counterparts. It was a time of civil war and plague -- which helps explain the lack of contemporary information. Geoffrey Ashe says: In dark age Britain we have to recognize various adverse factor, such as the loss and destruction of manuscripts by invading armies; the character of the early material, oral rather than written; the decline of learning and even literacy among the Welsh monks who might have kept reliable records. The whole period is plunged in obscurity from the same causes. People who were certainly real and important are no better attested. Since we dont have the necessary fifth and sixth-century records, its impossible to say absolutely that Merlin did or did not exist. Legendary Roots - Possible Merlins Transformation of Celtic Mythology in Arthurian Legend There may have been  a real Merlin, such as the one Nikolai Tolstoy describes in  Quest for Merlin: ...Merlin was indeed an historical figure, living in what are now the lowlands of Scotland at the end of the sixth century A.D...an authentic prophet, most likely a druid surviving in a pagan enclave of the north.The Merlin prototype may have been a Celtic druid named Lailoken who gained second sight after he went mad and escaped society to live in the forest.A poem from A.D. 600 describes a Welsh prophet named Myrddin. Nennius The  9th-century  monk Nennius, described as inventive in his history writing, wrote about Merlin, a fatherless Ambrosius, and  prophecies. Despite Nennius lack of reliability, he is a source for us today because Nennius used  fifth-century  sources that are no longer extant. Math, the Son of Mathonwy In  Math, the Son of Mathonwy, from the classic collection of Welsh tales known as the  Mabinogion, Gwydion, a  bard, and magician, performs love spells and uses cunning to protect and help an infant boy. While some see this Gwydion trickster as Arthur, others see in  him Merlin. Passages From Nennius History Sections on Vortigern include the following prophecy referred to in Part I of the  Merlin  television mini-series: You must find a child born without a father, put him to death, and sprinkle with his blood the ground on which the citadel is to be built, or you will never accomplish your purpose. The child was Ambrose. ORB Sub-Roman Britain: An Introduction Following barbarian raids, troop withdrawals from Britain ordered by Magnus Maximus in A.D. 383, Stilicho in 402, and  Constantine III  in 407, the Roman administration elected three tyrants: Marcus, Gratian, and Constantine. However, we have little information from the actual time period--three dates and the writing of Gildas and  St. Patrick, who rarely writes about Britain. Gildas In A.D. 540, Gildas wrote  De Excidio Britanniae  (The Ruin of Britain) which includes  a historical  explanation. This sites translated passages mention Vortigern and Ambrosius Aurelianus. Geoffrey of Monmouth In 1138, combining Nennius history and Welsh tradition about a bard named Myrddin, Geoffrey of Monmouth completed his  Historia Regum Britanniae, which traces the British kings to the great-grandson of Aeneas, Trojan hero and legendary founder of Rome.In about A.D. 1150, Geoffrey also wrote a  Vita Merlini. Apparently worried that the Anglo-Norman audience would take offense at the similarity between the name  Merdinus  and  merde, Geoffrey changed the prophets name. Geoffreys Merlin helps Uther Pendragon and moves the stones to Stonehenge from Ireland. Geoffrey also wrote a  Prophecies of Merlin  which he later incorporated into his  History.