...The early Christian church played a significant role in unifying law making and legal procedures. Whilst society remained the same for a short time following the Roman withdrawal from Britain, a more fragmented picture began to develop. By around 425AD separate Christian kingdoms. This led to difficult challenges bringing the country together as a whole, however as written by Baker, J.H (2002) “the unifying force is not a common law but the general social and moral assumptions of the age”, at the time in question this was the common religion shared by the British kingdoms, Christianity. Within these kingdoms the kings and their bishops had a close relationship, both in matters of the earth as well as the spiritual. According to Loyn, H.R (1991) Bede wrote about how “the Kentish people enjoyed as a result of the conversion the writing down in their own native tongue of judicial decrees”. The various law codes that were written down, starting with those of King Ethelbert 1 of Kent around 600AD, allowed the sharing of customs and practices between the various kingdoms. In order to enable this to be done the church provided educated men – who could read and write to help write the laws. The influence that the church and Christian religion had on the writing of laws seemed to only deepen over time. It has been said that the laws of Withred (c. 700AD), came about as a result of a clerical assembly and in 880 A.D in the prologue to King Alfred’s laws, it was claimed that as well...
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...QUESTION PRESENTED Under the New Nottingham Penal Code, which prohibits burglary, does our client, Mr. Denton, have a valid defense against charges of burglary when relying on the defense that the B-17 was not a building, and he did not intend to commit larceny upon entering the aircraft? BRIEF ANSWER Likely yes. Under the New Nottingham (N.N.) Penal Code, burglary is committed if a person enters any house, apartment, or building with the intent to commit larceny. The B-17 is a World War II era historical aircraft, and does not fit the description of a “building” required by law. In addition, it’s clear from the client’s statement he did not intend to commit a crime prior to entering the aircraft. Therefore, Mr. Denton will likely not be found guilty of the crimes alleged. STATEMENT OF FACTS Our client, Derrick Denton, is facing burglary charges after taking an iPad Air from an historic plane parked near the client’s home. The aircraft, a Boeing B-17, had landed at a small airport nearby consisting of no fence, or security. Mr. Denton, an avid World War II enthusiast, planned to get a closer look and even expressed his enthusiasm with a Facebook post prior to the act. Upon arriving at the airport, Mr. Denton was free to enter the aircraft because no lock prevented his access. The client eventually noticed an iPad Air located in the cockpit. Mr. Denton found it strange for the iPad to just be sitting there, so he took it home. Law enforcement showed up shortly thereafter...
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...King's peace (pg 31-32) Witan (pg 8) Doom ( pg 10) Doomsday book (pg 42-43) ritualized expression of jurisdictional theory; used to invoke royal court jurisdiction. encapsulated a long historical development. in early German history there was virtually no public law of crime. Victims or kin would retaliate for wrongs against them. Anglo saxon kings promoted measures to substitute money payments in restitution. Concept of the king's peace enabled monarchs to develop what amounted to a public law as a wrong against the king. From Germanic law - notion of man's "peace" surrounded his person & home. to disturb either was offense that justified him in repelling the breach. King as a semi-sacred figured - anyone who attacked him was guilty of a more serious crime. As the King's power grew, his peace was extended to religious shrines & people. By extending his peace, king brought them protection - attacking them was like attacking the king. By Norman times, the king's peace had expanded to royal officers & to highways over which the king traveled. Over time, it was projected over his entire realm. It was generalized into a jurisdictional principle - that jurisdiction over serious crime belonged to the king's courts. Criminal manners became know as placita coronae = pleas of the crown. That jurisdiction had a monopoly over jurisdiction for major crime. The remainder, lesser issues were punished in the hundred courts & in the manors of the towns. (pg 31-32) The king consulted...
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...2012 中国政法大学 Tristan Alberto Vaca Narvaja [THE LI AND THE FA ALONG CHINESE LEGAL HISTORY] China University of Political Science and Law 中国政法大学 An Overview of Chinese Legal System Introduction The purpose of this paper is to make an analysis about how the concepts of Fa and Li interacted between each other along the Chinese legal history, starting with a brief summary of the dynastic eras, and focusing in what we could call modern legal history, what I consider starts on the late Qing Dynasty. The analysis ends with the admission of China to the WTO, because I think that is a topic that deserves a whole new article for itself, and due to time limitations cannot be developed properly. The reason why I have chosen this theme is because I firmly believe that to be able to understand nowadays legal debates and legislation is necessary to have an idea about the broad historical and ideological Chinese framework. Along the more than 5.000 years of history, China has reinvented itself several times, learning from the hits and misses, unsurprisingly legal principles and legislation has followed the same stream. This papers starts with the genesis of the Li and Fa concepts, relating it with the Confucianism and legalism philosophies. Then, the each section illustrates an important period in Chinese history, emphasizing the situation of the law. Those sections comprehends, the late Qing dynasty, the republican era, the changes during the communist era, the application...
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...The owners of the past will always be the people who control the present. “Civilizations are built upon landmarks that hold the identity of cities and cultures” (1) and the civilization in control can choose to interpret the past of the land they own how they wish. Many controversies have arisen because of this concept and the competing ideologies of spiritual ownership and legal ownership. If a person feels connected to an aspect of history far more closely than just as a member of the human race they can attempt to claim and own that past but it is not possible. Unless the person controls what exists now they will not be able to control what was despite possibly being in the moral right. In 1994 British Columbia passed the Heritage Conservation...
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...History: Discipline, Foundation, Mold, and Comfort The Primary Reason for Studying History: It Civilizes Us. Inherent in the definition of history as a discipline is the thought that history is a disciplining agent on human behavior. The purpose of discipline is organization, particularly self-organization, and it is only through the lens of history that we can see clearly how to organize ourselves as civilized beings. This organization is reflected by national and sub national groupings, religious, legal, and business codes, and our relations with others (both interpersonal and international), among others. Where history has recorded the associations and dissolutions among the peoples of the earth, in addition to their discoveries, from fire to the internet, from the wheel to the rocket, these recordings have helped organize and guide humans through the incredible past several thousand years of our development. Additional Reasons to Study History: Understanding and Improving Ourselves and Our World There are of course other compelling reasons to study history, as enumerated by Peter Stearns. The first, and arguably most important, according to Stearns is that history provides a basis for understanding, and ideally, living peacefully, among different peoples, although it is true that this knowledge is also used to wage wars. Through his argument on the historical study of alcoholism, Stearns also implies that it helps increase our understanding of social phenomena within...
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...academic discipline. For a general history of human beings, see History of the world. For other uses, see History (disambiguation). Page semi-protected Historia by Nikolaos Gysis (1892) Those who cannot remember the past are condemned to repeat it.[1] —George Santayana History (from Greek ἱστορία - historia, meaning "inquiry, knowledge acquired by investigation"[2]) is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians. It is a field of research which uses a narrative to examine and analyse the sequence of events, and it sometimes attempts to investigate objectively the patterns of cause and effect that determine events.[3][4] Historians debate the nature of history and its usefulness. This includes discussing the study of the discipline as an end in itself and as a way of providing "perspective" on the problems of the present.[3][5][6][7] The stories common to a particular culture, but not supported by external sources (such as the legends surrounding King Arthur) are usually classified as cultural heritage rather than the "disinterested investigation" needed by the discipline of history.[8][9] Events of the past prior to written record are considered prehistory. Amongst scholars, the 5th-century BC Greek historian Herodotus is considered to be the "father of history", and, along with his contemporary...
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...compelling points from the interaction with your fellow students? * How did participating in this discussion help in your understanding of the Discussion Board task? * What approaches could have yielded additional valuable information in the students' networking? * What is still unclear after the discussion with your classmates that needs to be clarified? During week ones discussion board assignment, we discussed the different types of health insurance billing and reimbursement methods. This discussion board assignment required taking the time to research the history of health insurance and how it has evolved over the years to the system that we know it as today. By utilizing the discussion board portion of this class, I was able to learn many things from my classmates’ postings. I learned the many different methods of healthcare reimbursement that is still currently used today. I learned the history of health insurance, and why it was developed for the patients in the first place. I also learned many different views and opinions of my classmates that allowed me to reconsider and further educate myself on the views of the future of the healthcare industry. The most compelling points that I absorbed from reading my classmates postings was reading every ones ideas and opinions regarding the future of the healthcare insurance industry. It was interesting to me to learn the different aspects of the universal health care plan that is in motion right now that I never would...
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...History (from Greek ἱστορία - historia, meaning "inquiry, knowledge acquired by investigation"[2]) is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians. It is a field of research which uses a narrative to examine and analyse the sequence of events, and it sometimes attempts to investigate objectively the patterns of cause and effect that determine events.[3][4] Historians debate the nature of history and its usefulness. This includes discussing the study of the discipline as an end in itself and as a way of providing "perspective" on the problems of the present.[3][5][6][7] The stories common to a particular culture, but not supported by external sources (such as the legends surrounding King Arthur) are usually classified as cultural heritage rather than the "disinterested investigation" needed by the discipline of history.[8][9] Events of the past prior to written record are considered prehistory. Amongst scholars, the 5th-century BC Greek historian Herodotus is considered to be the "father of history", and, along with his contemporary Thucydides, forms the foundations for the modern study of history. Their influence, along with other historical traditions in other parts of their world, have spawned many different interpretations of the nature of history which has evolved over the centuries and are continuing to...
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...Readings for American History Since 1877 Historiography in America...................................................................................................................................................... 2 How to teach history (and how not to) ................................................................................................................................ 6 How Ignorant Are Americans? ........................................................................................................................................... 9 The West ............................................................................................................................................................................... 11 The Education of Native Americans ................................................................................................................................. 11 Bury My Heart at Wounded Knee .................................................................................................................................... 15 Prostitution in the West: .................................................................................................................................................... 17 The Gilded Age ..................................................................................................................................................................... 21 The Duties of American Citizenship ...........................
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...Historians, for centuries, have written about impactful events that influence American life. Their perception, however, has had an even greater impact on society’s current views. According to the renowned historian, Arthur Schlesinger Jr., “the historian surely brings to the observation and analysis of events a perspective different from that brought by a non-historian” (10). Nonetheless, it is evident that perception is crucial when determining the public’s perception as a whole. One specific event in American history in which historians’ perception impacted the Arab and Muslim group in society was the terrorist attack that occurred on September 11, 2001. Abu-Lughod, a professor of Anthropology and Women’s and Gender Studies at Columbia University...
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...Significant Legal Decisions Involving Hate Speech in America What exactly is Hate Speech? There are many different variations to this answer. According to dictionary.com, it is “speech that attacks a person or group on the basis of race, religion, gender, or sexual orientation” (“hate speech”). Anthony Lewis’ description of hate speech focuses more on the people it aims at: “Hate speech, it is called: virulent attack on Jews, blacks, Muslims, homosexuals, or members of any other group. It is pure hatred, not based on any wrong done by an individual” (157) Throughout history, many cases involving hate speech have been brought to court; each of them differ in their own ways and each brought a significant change to our Constitution. Our country prides itself in having freedom for all, and that includes freedom of speech. But when does freedom of speech cross the line? Many court decisions tried to come up with a solid answer, but there may not ever be a successful way to categorize hate speech. All of the cases covered here played a large part in transforming what the First Amendment covers. America started to recognize the significance of hate speech beginning in 1940, and policies began to form to protect offensive speech. At this point in history, hate speech was better known as “racial and religious propaganda” (Walker 62). The Holocaust was a major turning point for America, because we realized the destruction that it caused, and the government wanted to make sure nothing...
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...Historiography It is the study of the history and methodology of the discipline of history. The term historiography also denotes a body of historical work on a specialized topic. Scholars discuss historiography topically – such as the “historiography of Catholicism,” the “historiography of early Islam,” or the “historiography of China" – as well as specific approaches such as political history and social history. Beginning in the nineteenth century, at the ascent of academic history, a corpus of historiography literature developed. Furay and Salevouris (1988) define historiography as "the study of the way history has been and is written — the history of historical writing... When you study 'historiography' you do not study the events of the past directly, but the changing interpretations of those events in the works of individual historians." Questions studied Some of the common questions of historiography are: 1. Reliability of the sources used, in terms of authorship, credibility of the author, and the authenticity or corruption of the text. (See also source criticism). 2. Historiographical tradition or framework. Every historian uses one (or more) historiographical traditions, for example Marxist, Annales School, "total history", or political history. The historiography of early Islam refers to the study of the early origins of Islam based on a critical analysis, evaluation, and examination of authentic primary source materials and the organization of these sources into...
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...() from other countries. Therefore in terms of America’s identity historically, politically, economically and socially, these should be understood differently because America was created differently. Hence why the idea of American exceptionalism’ stems from the principle of America being unique. Furthermore, In addition to this the idea that “American exceptionalism” implies superiority is a key concept to embrace and identify through out America history, contemporary politics, foreign policy and social culture. However, due to the essay title I will be analyzing and examining to what extent is “American exceptionalism’ identified as U.S superiority. Although due to the wide context of the theoretical term ‘American exceptionalism’’ and word limit. I will focus on the significant impacts that has led to the idea of ‘American exceptionalism’ to be implied as U.S superiority such as American history, foreign policy, economic and social culture. History Explaination The significant impact of America’s revolutionary history sparked an inspirational movement of independency to pervious colonized nations although on a later stages for them. This highlights America as exceptional historically in being “the first new nation” () to become independent and also being the ideology for independency for previous colonies nations. To an extent on this note “American exceptionalism” in terms of it’s revolutionary independency can be amplified as a model to other nations than...
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...Analyse the way in which history and memory generate compelling and unexpected insights. – Jake Cronin The interaction between history and memory is a complex and dialectic process through which perceptions of the past are negotiated, reinforced or challenged. Despite official history’s dependency on validating its claims through documented evidence, it must be acknowledged that it is not objective and remains vulnerable to distortion of those with political power or hegemony. Similarly, the subjective nature of memory allows for official history to be vulnerable to the bias of personal experience and differing perspectives. Furthermore, although official history and subjective memory both provide adequate insights into the past, it is through the consideration and combination of the two that compelling and unexpected insights into the past are generated. Paul Keating’s ‘The Redfern Address’ offers a reasonable challenge to the dominant historical narrative surrounding the European colonisation of Australia and their acts of social injustice in regards to Indigenous Australians. Similarly, Shaun Tan’s ‘Memorial’ explores Australia’s wartime history through the medium of a community’s personal experiences, perspectives and memories converging to form history, and illuminates the way in which history is dictated by those with political power. Through the dialectic interplay of history and meaning, compelling and unanticipated comprehensions of the past are generated and are...
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