...Law and Justice THEORIES OF JUSTICE Plato In Plato’s major work, The Republic, he used Socrates as a mouth piece to develop his on view of justice. Socrates outlines his, i.e Plato’s view of justice both for the individual and for society. Dealing with the man first; a man’s soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them. Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them. Therefore Plato viewed justice as harmony between the warring elements. Distributive Justice This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation. Aristotle Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved. Thomas Aquinas Illustrated his view of...
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...The topic of immigration here in the US is a very opinionated debate that is always being discussed, criticized, or viewed in some way. Whether we see it in the news, hear political representatives, or everyday citizens discussing their views on immigration, it seems everyone has something to say in regards to the topic. No matter where one gets their information on the subject matter, it is important to understand that immigration here in the US is a multicomplex issue that has various key aspects. One of these key aspects is the status of approximately 11 million undocumented immigrants currently living here in the US. Of these 11 million undocumented, as a society it seems to be hard for us to have a fully developed understanding of what it is like for them living here in the US. An excellent example of what undocumented immigrants go through every day and what they need to go through to attain legal status is looking at Pulitzer prize winner journalist Jose Antonio Vargas and his personal experience and his struggle to become a legal American citizen. Jose Antonio Vargas was born in Manila, Philippines and lived with his mother, his father was never really present in his life so, his whole childhood it was just Antonio and his mother. His mother and him were very close considering they spent a significant amount of time together, and were inseparable. At the age of twelve his whole life changed when he immigrated to the US. He always knew it was inevitable...
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...Running Head: Juvenile Justice Juvenile Justice Case Law Capella University PSF5372 - History of the Juvenile Justice System Introduction Approximately 12, 8-10 year old children commit suicide every year because they are victims of bullying, whereas 1.3 million children a year bully others. Recent incidents of school violence have brought bullying to the nation’s attention in a dramatic way. Research shows that approximately 30% of teens in the United States either bully, are targets of bullying, or both (National Youth, n.d.). Some bullies attack their targets physically, which can mean anything from shoving or tripping to punching or hitting, or even sexual assault. Others use psychological control or verbal insults to put themselves in charge (Hurst, 2005). Two of the main reasons people are bullied are because of appearance and social status. Bullies pick on the people they think don't fit in, maybe because of how they look, how they act (for example, kids who are shy and withdrawn), their race or religion, or because the bullies think their target may be gay or lesbian. One of the cases associated with bullying is that of Megan Taylor Meier (November 6, 1992 – October 17, 2006) an American teenager from Dardenne Prairie, Missouri, who had committed suicide by hanging three weeks before her fourteenth birthday. Meier attended Immaculate Conception Catholic School in Dardenne Prairie, with a uniform and policy against makeup and jewelry that the Meier’s...
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...Law and Justice in the Rise of Civilization Individual city and states began to unite under common leadership. To create a perfect empire is a challenge task to those who attempting the task. To conquer and control the new empire come up with its own problems. In order to reach a perfect society , Ruler must aware that the key to the success is the code of conduct or the law to govern his or her society. Justice is essential to regulate peaceful and tranquil society. To solve this issue , most rulers from the past enacted laws with brutally consequences for the culprit. The Code of Hammurabi was written by Hammurabi , the Ruler of Babylonian Empire (1795-1750 BCE), which was a code of conduct for citizen of this empire to follow. It was carved on a large stone and clearly shown the cause and the consequences of an action led by a person. He was intend to bring the virtuous in to his land and eliminate all the iniquitous people from the land. The Writings of Master Han Fei was a writing of Master Han Fei , a Chinese Philosopher (280-233 BCE), that express his idea of Legalist thinking. Which later guided the customary of Qin Dynasty’s Shihuangdi. The basic principle is based on the equality of the people. “High and low would have no distinction”, The right is to bestow rewards and the wrong is subject to be condemn. Both sources have the similar thought of bringing an empire to a righteous state by enact a harsh law. In the Code of Hammurabi , Laws are clearly...
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...The Certainty of Punishment in Law for The Pursuit of Justice in Antigone and Measure for Measure The concept of justice hinges on the beliefs of any given individual, human influences must always ultimately crumble and be brought to justice in the face of what is morally correct and divine. Punishment, conflict and pursuit of justice are major themes in both Sophocles Antigone and Measure for Measure. Antigone is laden with violent imagery; countless arguments causing conflict between Antigone and Creon as well as Creon and Haemon; and the blatant violence of the various murders and suicides present in the play. Moreover in Measure for Measure, is the conflict between justice and mercy, and whether justice and punishment would be served through strictly following the law or by showing mercy. "The law is strong, we must give in to the law in this thing, and in worse. I beg the Dead To forgive me, but I am helpless: I must yield”. (49-51) Why are Punishment, disagreement and pursuit of morals such a strong theme in both of these ancient works? Both Sophocles and Measure for Measure William Shakespeare lived in more primitive times when there were weakly enforced written laws concerning justice and fair play. The common solution for most problems were along the lines of "an eye for an eye, a tooth for a tooth" which were better represented in Sophocles Antigone than in Measure for Measure, retaliation were definitely used as a method of justice. When Antigone buries her dead...
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...Criminal Justice and Law Enforcement Teacher Have you ever question yourself, “what am I going to be when I get older?” I bet most of us have done that when we were little and thought and had a good idea on what you wanted to be. Then, once you are a teenager, it is harder to decide what you want to be because maybe you have changed your mind over the years you have grown. Have you ever thought what a Criminal Justice and Law Enforcement Teacher does? In the Criminal Justice life you learn about all of the people you see, you help them, and you make a better social life with the people around you. First, let's start with the basics with this amazing job! Criminal Justice and Law Enforcement Teachers help with people who have done a crime, and you help them learn from their mistake by teaching them. I have always wanted to help people with their problems and make them a better person for a long time. This job would affect my future in many different ways, but I think we should save that for the best part of the story. This job means that you have to talk to hundreds of people and you get to learn their story. That is the best part of the job....
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...This essay shall discuss initial the meaning of justice then I shall discuss whether the law achieves justice and whether it should seek to do so. Justice has been traditionally defined through its reference to the Latin maxim suum cuique tribuere its means to allocate each to their own. Many theories have been formed to try to define their own personal form of justice, an example being Aristotle who was a Greek philosopher who made the original distinction between distributive and corrective justice which remains relevant to this day. Distributive Justice concerns the correct distribution of wealth and privilege between the members of society. Aristotle argued that there should be a proportionate distribution of such goods and burdens but he did not mean by this that there should not be an equal distribution of goods and burdens. Also stating that some people of limited capacity were unable to obtain or appreciate the good life, and therefore argued that those people should act as slaves to support others in society. In today’s issues a distributive justice issue would be known as a matter of politics. It could be said that the current law system incorporates Aristotle’s theory through section 18 and section 20 Grievous Bodily Harm (GBH). To be guilty of section 20, one must either be ‘reckless’ or ‘intend’ some harm, in some cases this poses a possible 5 year sentence. In great contrast to this is section 18, where a defendant must have ‘intended’ really serious harm and this...
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...LAW AND SOCIAL CHANGE Name Course Date LAW AND SOCIAL CHANGE Law is defined as a system of regulations whose aim is to control individual behavior.[1] The regulations are formulated and imposed using social institutions. Legislature, executives, and the judiciary are the three bodies which are responsible for making laws. Legislature makes laws using legislation; executives use rules and decrees, while the judiciary uses binding precedent. Lawfully binding contacts such as arbitration agreements can also be made by private persons. The constitution, both written and unwritten plays a major role in the formulation of laws. The law plays a key responsibility in shaping economics, politics, as well as the society in different ways.[2] It also acts as a go-between of individuals’ relationships. Considering that law is connected with the political, economic, and societal worlds, it is regularly involved while pursuing social change. Social change is defined as the modifications in the manner in which individuals work, educate and oversee their children, raise their family, and search for life’s meaning.[3] In my opinion I agree to this statement that in considering the various applications and principles of justice, it can be said that the law, at its best, operates as an agent of change and, at its worst, serves as an instrument of coercion by social elites in society. For several decades, the society and law philosophers have strived hard with...
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...The criminal justice system and the criminal justice process has shaped the laws of this country into what they are today from the concerns of politicians and government leaders as far back as the 1800s with crime control. (Wilt, Harman, 2012)The criminal justice system consists of three main parts Legislative create laws adjudication courts corrections jails, prisons, probation and parole. In the criminal justice system, these distinct agencies operate together both under the rule of law and as the principal means of maintaining the rule of law within society. Crime is conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse. This can be an action or an instance of negligence that is deemed major to the public welfare or morals or to the interests of the state and that is legally established. Crime is any specific act by law for which the society has provided a formal use upon each person punishment. This can include the failure of a person to perform an act specifically required by law. Crimes relationships to the law are several of them such as, criminal laws. The criminal laws pertain to crimes and punishment; however this justifies the relationship between crime and the law. The two most common models of how the society has determined what acts are criminal by what society itself considers normal. This is defined by how society interacts within itself. This leads...
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...of Natural Justice Assignment Topic On Business Law Presented By Alexander T C , IInd Semester MBA Evening Batch 2010-2012 Assignment on Business Laws - Principles of Natural Justice Presented By Alexander T C MBA 2nd Semester IMK –UoK 1. Introduction :- Why Application of Principles of Natural Justice in Managerial Decisions is important? Most Managerial decisions that affect individuals and organisations are made by primary decision makers i.e. front-line administrators and managers. Only a minority of these decisions are reviewed by internal review officers, ombudsmen, courts or tribunals. The quality of administrative justice experienced by the public depends largely on primary decision makers ‘getting it right’. Central to good decision making is decision makers’ understanding of the legal and administrative framework in which decisions should be made. In turn, this depends on whether primary decision makers have adequate knowledge of that framework. While taking a decision a manager has to have the following in his mind to have his decision justified. Procedural Fairness Lawfulness Evidence, Facts And Findings Reasons Accountability 2. Definition:Justice is of two types namely Legal Justice and Natural Justice. Legal justice refers to justice governed by the law of the state and natural Justice refers to moral justice and is governed by the Laws of Equity. Justice done to one seems not injustice to another. So the goodness of a law is in maximizing...
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...through which substantive justice is administered. They have the duty to enforce and interpret the law that is enacted by the parliament. In doing so, the courts have a duty to ensure that justice is administered within the quickest possible time to the satisfaction of the parties. In order to achieve this, the courts must pay less attention to the procedural technicalities at the expense of substantive justice. The objective of this legal paper is to discuss the effect of Article 118 (2) (e) of the constitution of Zambia (Amendment) Act No.2 of 2016 with regards to the delivery of justice in Zambia. To begin with, the paper will first define the various key terms such as substantive justice, justice, procedural law and substantive law. The paper will then differentiate substantive law and procedural law. It will further proceed to discuss the relevance of procedural (legal) technicalities and then later on discuss the problem of courts strictly adhering to the procedural technicalities at the expense of substantive justice. A comprehensive conclusion will then be deducted based on the discussion. DEFINITION OF KEY TERMS The term justice basically means fairness in the manner in which justice is administered. It basically entails a moral ideal that the law seeks to uphold with regards to the protection of rights and the mode of punishment imposed on the offenders for the wrongs done. Justice means equality, fairness and equity. Substantive justice means justice that is administered...
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...Divine Comedy, On Law Morality and Politics, and Revelations of Divine Love, there is a central theme of divine justice. In Dante’s Inferno, divine justice is God’s will for mankind and the order of the universe. In Saint Thomas Aquinas’ text, divine justice is the consequence of straying away from divine law. Finally, in Julian of Norwich’s work, the purpose of divine justice is to earn God’s mercy and eventually reside in his presence. Using different understandings of divine law and justice, each author is uniquely able to convey a similar message – mankind’s purpose is to achieve salvation and be in God’s grace. In Dante’s The Divine Comedy, the nature of justice seems to be impartial and unexempt from anyone. Specifically,...
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...during their new term. This case presents the question of whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop (Brief of Petitioner 2). This case arose in 2009 when police stopped Nicholas Heien in North Carolina for driving with one broken brake light. The officer issued Heien a citation for his light and then proceeded to ask him if he could search his car, which Heien consented to. During the search, the officer discovered a sandwich bag that contained 54.2 grams of cocaine and Heien was arrested on the spot for drug trafficking (Oyez Project). He plead guilty to two counts of drug...
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...Leilani Stertz Jane Zunkel Writing 121 29 April 2013 Justice The word justice evokes passion in the people who speak it but what is Justice and where did it come from? Justice is a noun and the word has origins in Middle English, from the Anglo-French word justise, further in Latin justitia, from justus. The current definition according to the Merriam-Webster Dictionary is: 1(a) The maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishment. (b) Judge (c) the administration of law; especially the establishment or determination of rights according to the rules of Law or equity. 2 (a) the quality of being just, impartial, or fair (b) 1. The principal or ideal of just dealing or right action. 2. Conformity to this principal or ideal: righteousness. (c) The quality of conforming to law. 3. Conformity to truth, fact, or reason: correctness. Justice can only be satisfied through law, legislation, and impartial judgment. Without justice a society cannot survive. In modern society the very system who decides how to serve justice is the only system not ruled by it. (Merriam-Webster ) In 1215, a document giving birth to the English legal system, which grants rights to 'freemen' or non-serfs, was enacted. The Magna Carta limited the power of King John and provided legal securities only allowing prosecution through the 'Law of the land'. "No free man shall be seized or imprisoned, or...
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...Criminal Justice Today CHAPTER 4 BOOK COVER Criminal Law Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved Nature of Law • Rules of conduct inherent in human nature and in the natural order • Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws Ten Commandments The U.S. Declaration of Independence Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved English Common Law • Originates from usage and custom rather than from written statutes • The major source of modern criminal law in the United States • Judge-made law that is refined and changed by actual decisions that judges make when ruling on cases before them Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Definition of the Rule of Law • The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Categories of Law • Statutory law Substantive criminal law • Describes what constitutes particular crimes and specifies the appropriate punishment...
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