Essays on Rule Of Law

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Legal Positivism Under the direction of legal positivism understood in law, which advocates limited jurisprudence the task of studying the law in force with the formal dogmatic positions. The emergence of legal positivism refers to the first third of the XIX century and it was associated with the processes of approval of industrial capitalism in Western Europe. A crucial role is played by the processes of formation in the most developed countries of the national market, demanded the elimination of the vestiges of medieval particularism, expanding the scope of legal regulation of public relations and the establishment of a ...

Analysis and Recommendation of Nimble Storage

Analysis and Recommendation of Nimble Storage

Political Nimble Storage is a registered in the U.S., and it is directly affected by the political factors in the country. The U.S. has a strong democratic system, and it is governed by the rule of law with elections being considered as fair and transparent. The USA has massive political influence in international affairs and is regarded as a superpower because of its leadership in the economy, military, and technology (PESTLE Analysi, 2014). Nonetheless, other countries criticize it for its approach to the “War on Terror,” and this has affected its relations with ...

In order to ensure peace and prosperity of a country, most governments have employed the use of stringent rules and regulations to govern people. However, some people stray away from the common perception of government and embrace anarchy. Anarchy is basically opposite of what the government stands for, anarchism is a political ideology (Carter, 1971) that holds the state undesirable and harmful while advocating for stateless institutions. The view of anarchists stray away from the commons masses and more often they tend to go extreme and cause social disturbance and unrest (Gage, 2009)as was the case of the ...

The rule of law requires a fair access to justice for England and Wales as well as any other sovereign country with a governing constitution. The route towards delivering equitable access to justice to all citizens requires enrolment of all justice department stakeholders as well as other interested parties. For instance, each of the arms of the government has their own responsibilities that need execution to the best of their ability in order to ensure equal justice to all. In this case, each arm of the government is it the legislature, executive, or judiciary should not intimidate or influence ...

Abstract

Over the past years, the criminal justice system has experienced both praises and criticism involving the manner in which various officers enforce law and order. While most officers strive to ensure sanctity and order prevail among all equals, a section of the officers overlook the art of humanity and apply undue force to innocent and suspected individuals. Unfortunately, the blanket of corruption shields the officers from prosecution in the effort to safeguard the exposition of the inner affairs of the police culture. Corruption broils police brutality and individual victimization with unwarranted allegations as a weapon to silence their sufferings. ...

Questions and Answer

In order to find the connection between these three terms, first we need to define them. The rule of law, as per Zun, Nollkaemper and Peerenboom (12), denotes the legal principle that accounts for the need of a nation to be governed by law. In other words, it reflects the unlimited exercise of power through subjecting it to well-defined, as well as established laws; laws entrenched in a given constitution of the nation at hand. On the other hand, legitimacy denotes lawfulness of any given thing, and lawful here means it adheres to the laws of a given country’ ...

Challenges of Broken Windows or Order Maintenance Policing

The broken windows consider the rule of law in preventing urban disorders and vandalism. This covers the crime and anti-social behavior that are expressed in the communities. The availability of resources and sustainability are the challenges that broken windows experience in the policing. Increasing the number of police on the urban streets would attract more resources to equip them to take patrol around the clock. Eventually, this serves short term whereby the crime problem will return in the long run. It requires understanding and addressing the factors that contribute to crime and exploring the reasons for undertaking such crimes. ...

Political Order

In the history of man and his pursuit of power, there are various lines which enemies drew upon each other as they seek to make their points stand out. The twentieth century remains one of the most historic times for the end of major wars between men, paving the way for the future movements, rules, and guidelines. Political power among major nations led to the beginning of World War I and II, which led to the death of millions of people, leaving some of the nation’s poorer than before. One might argue out that these wars were unnecessary ...

Introduction

The Constitution Act of 1982, which introduced some of the most important changes to the Canadian Constitution since it came into force in 1867; has and continued to play a significant role in changing the framework of Canadian politics (CDOJ, 2016). These changes, on the whole, have had a substantially positive effect on the Canadian political community. In order to understand the benefits of Canadian constitutional reform on the political community, one must first understand how the Constitution had arranged, regulated, and influenced Canadian politics in the past. The Canadian Constitution of 1867 had a number of characteristics that ...

Essay in English Law Whether it is Unfair for Criminal Justice Insiders to Sit On Jury

Most likely, it is unfair for someone who works in the criminal justice system to be chosen to participate as jury selection-members, in the British legal system. Prior to the time of the Global Recession of 2008, one report discussed several aspects of the UK-defined protocol of what a jury-system process entails. Commentary was made regarding the UK jury system historical roots, trial-jury size, secrecy, independence, and selection (“Jury Service – Crown Prosecution”). One set of erudite Australian Professors noted that the advent of social media had fundamentally caused problems, especially during trials (Wallace et al. 2011). Consider, however, the ...

Introduction

Superhero is a term that is socially accepted and widely revered in today’s society. We are fed with information about their supreme powers and ability to save humanity from evil. Every popular media form has been used to ensure our society fantasizes about their presence and accept their critically maligned narratives (King 167). Vigilante, it’s a word taken from Spanish and it was first introduced to America in the mid-19th century. A vigilante is someone who operates alone or in a group, “takes the law into their own hands” (Butler 1). These people are not endorsed as ...

Public debate over the need for establishment of powerful, effective, and accessible mechanisms of human rights protection can be heard worldwide and at all the levels, including the official one. Agreeing with Lord Tom Bingham, the prominent judge and scholar in the field of the rule of law principle development, we should highlight that this process took place long time ago. The author defines Magna Carta, passed in in 1215, as the first milestone of this process, when a lawful judgment was necessary for, in particular, person’s detention or imprisonment (Bingham 10). Not only the previous century has ...

Health Care Privacy and Security Law: Health Insurance Portability and Accountability (HIPAA)

Introduction Every citizen is required to achieve and maintain privacy and security of healthcare information as stated by the Office of the National Coordinator for Health Information Technology (ONCHIT). It provides resources assisting citizens to succeed in achieving their responsibilities concerning privacy and security of electronic health care data. Thus, electronic health care records concerning data storage and transmittal is a sensitive and serious issue. The Health Insurance Portability and Accountability Act (HIPAA) offers a guide to health care privacy and security. It was enacted on August 1996 encompassing administrative simplification provisions requiring the United States Department of Health ...

The United States has seen a change in its security situation over the last three decades. Before the 9/11 attack, U.S. concentrated on preventing the attack of its citizens and property by jihadists who were mostly affiliated to Muslim countries. Still, U.S. authorities tracked the footsteps of all foreign-grown movements that posed a danger to the property and U.S. citizens working out the United States. After 9/11 attack, the U.S. began focusing on a more comprehensive and robust system to protect the United States from both domestic and international terrorism attacks. At this juncture, domestic and international groups carried ...

Dear Editor,

I am a regular reader of National Geographic magazine, and I am writing this letter to express my praise for including articles related to animal behavior. I was excited to read the article, “Why an Eagle Really Grabbed a Kid” by Rachel Becker, published on 12/7/2016. It was about a wedge tailed eagle swooping down to prey on a young boy, at the Alice Springs Desert Park in Australia’s Northern Territory. It was an interesting event and I wished the author provided a more elaborate account of the events, rather than passing around what is already known from ...

Different countries have various legislation that governs their citizens. Comparing jurisdiction in the various countries is, therefore, is possible and declares how various offenses are dealt with for justice. According to Rhode (2013), the law is the tool that ensures justice in any society. When people commit offenses, they are subjected to law for correction measures. The law in England that is useful for foreign jurisdiction is readily available by statutes, the common law, and treaties. The court that is enforcing the jurisdiction is the one to dictate how a particular law would apply. The report has three distinct ...

The primary difference between the two draft and ratified versions of the Declaration of Independence is the brevity of the ratified version. The ratified version is concise, brief and to the point as opposed to the draft that tended to expound on particular statements. The draft version of the Declaration was lengthier in an attempt to convey the grievances that formed the basis of the push for independence. For example, statements such as “sacred and undeniable” are replaced with the word “self-evident”, “by a power self-assumed” is removed and “totally to cease in some of these colonies” is replaced ...

INTRODUCTION

Martha Stewart was indicated for Securities Fraud. However, she was acquitted of the charges, but instead found guilty of obstruction of justice and making false statements. As a result of the finding of guilt, she served five months in federal prison. There are many opinions concerning the evidence presented in the case against Martha Stewart for violation of the Securities Act. Some legal scholars claim that she was guilty of insider trading while others claim the court properly found the evidence lacking and her actions not in violation of the securities law. Presented in this paper are two scholarly ...

Response to Walter Rumans

As Walter clearly brings out in his comment on comparative judicial systems, there are three major legal or criminal justice systems depending on whether it is civil or common law jurisdiction. These are the adversarial system mainly found in common law countries, the inquisitorial system commonly found in civil law jurisdictions and the popular or mixed system that combines aspects of the latter two. These different legal cultures indicate how our various justice systems work and operate differently. As pointed out, the adversarial system is the most shared and familiar one in which two parties to a legal dispute ...

Abstract

Puerto Rico is a small island that is part of an archipelago located somewhere out in the Caribbean Sea. It has an approximate population of about 3.5 million people and has a small area of about 9,104 square kilometers. The population is largely Hispanic where Spanish and English are the languages that have been set aside for official use. Fridolin (2000) says that the most ideal court system in terms of ideals would definitely be that of Switzerland as it is considered the most transparent court system in the world. It boasts of absence of external interference and ...

Abstract

The application of the rule of law as well as driving the use of the law towards the creation of a law abiding society is the limelight towards the creation of a society which does not condone crime and its sycophants. Enforcing law is one of the most effective mechanisms of controlling crime in any area. The use of the police as a law enforcement mechanism encourages peaceful coexistence within the society. The control of crime is usually a major step in discouraging crimes in communities. In the places where there are high cases of criminal cases reported, the ...

Introduction

Apple Inc. is an American multinational cooperation that specializes in the design and the manufacture of consumer electronic goods, hardware and software implements. This company is best known for their personal computer line, which is subscribed to by millions of loyal users. Apple company has its headquarters in Cupertino in the state of California with an upwards of 284 retail locations in more than ten different countries. The company has recently made major strides in establishing markets in foreign markets with records of great profit. Nonetheless, as it can be expected for any multinational corporation, the process of establishing ...

Abstract

The application of the rule of law as well as driving the use of the law towards the creation of a law abiding society is the limelight towards the creation of a society which does not condone crime and its sycophants. Enforcing law is one of the most effective mechanisms of controlling crime in any area. The use of the police as a law enforcement mechanism encourages peaceful coexistence within the society. The control of crime is usually a major step in discouraging crimes in communities. In the places where there are high cases of criminal cases reported, the ...

Almost US, but still Latin America. This is the brief definition one can give to Puerto Rico. US is actively engaged in cooperation with the archipelago, but the chances that this area ever really become an integral part of the United States are still unclear. More so, it is a unique habitat with its own unique development system, including the judiciary. Puerto Rico is a dependent territory of the United States and has the status of "unincorporated organized territory”, which means that the area is under the control of the United States (and is not an integral part thereof), ...

The rule of law must forever be followed, and the freedom and rights documented in the Constitution granted. However, the United States and other parts of the world have faced some unwelcoming circumstances when these freedom and rights have to be over-ridden. After the 911 tragedy, the United States learned that its borders cannot just be opened for anyone to cross into and out. The freedom of speech must also be overridden to ensure that the internal security of the nation is maintained. I agree with the fact that some occasions call for the freedom and rights of the ...

Introduction

It seems difficult to analyze democratic transition from the standpoint of international dimension both theoretically and practically because not so much literatures that discuss about what the external environment actually is and how it might contribute to domestic change (Cavatorta 2005). However, it does not mean that international context will be ignored in the analysis process because international factors might have impacts on the transition process through their connections with domestic actors particularly in terms of distribution of power and resources, which in turn have effect on how they will act (Cavatorta 2005). One thing to remember is a ...

Juvenile Murderers: A Second Chance or Death

Introduction The question over treatment of juvenile murderers creates a major debate in the social and political circles. There are proponents of public supporting punishment in the form of a life in prison without parole called LWOP, many believe that capital punishment is needed, and others support the implementation of life in prison with work and restitution called LWOP + W/R (Moon, Wright, Cullen, & Pealer, 2000, p. 663). One common aspect is the belief of the public is the need for bringing people to justice by either jail time or capital punishment. Another important aspect of the juvenile punishment system ...

Introduction

In the late 1970s, Americans faced a time that was troubling in terms of rising inflation and weakened economy. Before 1980s, the previous two decades saw America facing the countercultural and radical movements, the Vietnam War, the Watergate scandal, economic crisis and growing tension in the Middle- East. These events decreased the confidence and trust of the American public in their government and their governance. The American idealism was shattered by the rising crime, foreign policy turmoil and inflation. As a response, Americans started embracing conservatism in political, social, and economic life that was best characterized by President Ronald ...

Classical liberalism is a political belief, which endorses civil liberties and political rights in the society. It champions economic liberty, and fairness in the rule of law. It was established in Europe and the United States in the 19th century. It emphasizes on a particular type of community, government and public rules as a reply to the growth of industries and urbanization. Some of the contributors to the ideology of classical liberalism include John Locke, Jean-Baptiste, Thomas Malthus and David Ricardo. Classical liberals, especially Thomas Hobbes, believed that governments were established to prevent people from harming each other, and ...

There have been numerous attacks around the world that have been driven by extreme radicalization. There are those attacks that shook the world and created concern in people’s minds. One of the terrorism acts that still remain in our minds is the 9-1-1 attack on the United States. These attacks were defining and tragic to the Americans. They were affected in diverse and countless ways (Anonymous, 2013). In China, 133 people were killed on March 2014 and 141 others injured after they were attacked by eight men and women who used knives in the attack. The latest of ...

Introduction

As many firms continue to expand into multinational corporations, they begin to understand that business environments have their differences. What may be essential and common in their home country could be a taboo in another region. Therefore, it is critical first to assess the political, social, legal, and economic factors of a promising market before establishing a branch in the area. This essay sheds light on the usefulness of assessing business environments by deriving ideas from several articles that indicate the diversity in legal processes in various regions. The litigation procedures are fundamental to a firm so that it ...

The Table

Cover page. Abstract History Contradictions Opinion Policy Recommendation References Abstract Corruption is a social, political, and economic vice that causes economic problems due to mismanagement of public resources (Girling, 2002, p.81). Corruption in Venezuela rates among the highest standards in the world due to its prevalence in the society. The country ranks among the top 20 most corrupt nations in the world; it is position eight in the ranking. Seventy-five percent of the Venezuelans believe that corruption is widespread in the government hence difficult to eliminate. Protests witnessed in 2014 cited corruption as the main reason for their discontentment ...

Ever since attaining its independence from Portugal on September 7, 1822, Brazil has seldom enjoyed any prolonged spell as a true democracy. In fact, Brazil’s longest period as a truly democratic state began a few years ago in 1985 after transitioning from a military government. The period after independence has been dotted with a monarchy; which was one of the few in the Americas, and a series of military coups that the country became synonymous with in the 20th century. A multiplicity of both domestic and external factors coalesced to create political instability in the country with a ...

Plan

1) Introduction

General overview of the Federal Republic of Nigeria with regard to its political history and the concept of its geopolitics.

Max Webber’s concepts on the state and how they apply in Nigeria How John Stuart Mill’s Concepts on nationality are reflected in Nigeria 2) Geopolitical characteristics of Nigeria

The main geopolitical zones and their historical origin

The basis for the division of these geopolitical zones based on John Stuart Mill’s concepts on nationality How Max Webber’s concepts on the state apply in Nigeria How the country’s political, economic, and educational resources are shared effectively within these zones How different the geopolitical zones are compared to the zones that defined these regions in the past. 3) The source of economic power ...

Democracy can be described as a government for the people and by the people. It is a government where the people have the supreme power, and they can exercise it either directly or indirectly. A good way of applying democracy is through free and fair elections. Democratic satisfaction is the degree to which the citizens of a particular country trust the kind of democratic leadership presented to them. In the world as a whole, democracy has taken different turns depending on the region. Latin America has also felt the Democratic wave and democratic transition has been witnessed in many ...

Introduction

The law designed and implemented in any society is relevant in ensuring unchanging application of cultural values and civic cultures that create a democratic society. It is imperative to solve the issues brought about by a dystopic society that is limited in efforts to prevent actions that could interfere with sustainability of future generations. Children of Men depicts the consequences of a society incapable of establishing equality and flexible obedience to the rule of law that is essential for a democratic society. Uniform laws are the pillars that make people respectful and obedient to the rule of law ensuring ...

Abstract

This paper will explore the life of Emile Durkheim. It will start by giving a brief overview of his life leading up to his work as a sociologist. It will then highlight his main theories and go into detail about his work and how it contributes to the study of sociology and the development of sociological theory. It will then provide an application of his theory and conclude with a summary of findings. The purpose for this report is to discover how Emile Durkheim’s work helps us in the field of sociology and why it is still relevant ...

Deviant behavior does not adhere to the cultural norms and social accepted norms (Akers, 2011). Deviance comprises of behavior that violates expectations and standards of conduct of a group or society. Crime is one of the forms of deviance. In this paper, crime has been described as major type of deviance. Crime is considered as an act of deviance because in crime norm as well as law is broken. Crime as deviant behavior can be minor or it can be major such as it can be picking an individual’s nose or it can be commitment of murder. There ...

The legislation is a vital as well as inherent part of the judicial responsibility which helps to balance power representing constituencies and making laws. The bill, however, raises a broader implication emerging with the principles of universal laws. Abdication of judicial responsibility for judges might conflict with the ideas of the rule of law and the separation of power given the fact that this grossly understates the impact of legislation as well as overemphasizes the contrasts along with boundaries between legislation and common law at the expense of their mutual influence, continuities, and similarities. This reflects the way in ...

China

Abstracts China has enjoyed peaceful political transitions and influence in the greater Asian region. This has created an effective environment that promotes economic and social community growth. The rule of law in china is paramount and strict, this helps protect people needs and create a peaceful community. China has had a number of altercations with other independent states in the region and beyond. China still is contending a boundary dispute with Taiwan and Japan which results to estranged relationships and threats. China has also in the recent past had a nuclear altercation with the United Nations which resulted to ...

Introduction

This essay will investigate the definition of deviance in society from a sociological perspective. It will then define what it means to be socially deviant. This essay will go onto investigate what impacts deviance has on society. This essay will conclude that for some sociologists, deviance performs a necessary function in society that help establish and reaffirm our social norms, and can help us fix the problems within it The term deviance in sociology refers to an act that violates the standard social norms in a society (White et al, 2000). Succinctly it is a transgression of any kind ...

Experts of current information security must be able to appreciate the possibility of a state’s lawful and moral tasks. This safety expert plays a vital part in a state’s tactic to management’s obligation for safe keeping risks. The current controversial communities occasionally have decrees imposed in interior courts, where considerable compensations can be bestowed to accusers who bring getups in contradiction of countries and its citizen. Occasionally these indemnities are disciplinary and measured as a warning. To minimalize accountability and decrease dangers from physical threats, cutting all fatalities from the lawful act, security experts must methodically ...

The paper focuses on the hypothetical scenario where I get to be God. In that scenario, I have the ability to recreate all of the universe’s existence in my way. In formulating this new reality, I will use creation philosophy principles and my creative philosophical improvised ideas. As the Supreme Being, God, I would ensure there is a balance of nature and all life. There would be freewill for the humans to provide minimum interference with the human’s intelligence. Cause and effect would also be applied to ensure natural feedback for all actions. By using cause and ...

Analysis/ Comparison and Contrast

Abstract This work examines the various constitutional changes in the United States during the period of the French revolution, most so around the period of 1789 (Levi 14). It looks at the various .perceptions that the constitutional changes implied to the society and the projected actions that the changes may attract. In this analysis, many thoughts are explored to determine the way the society responds to what it does not understand. On the same note, it looks at the government trails in trying to galvanize power and authority. On the other hand, it looks at the way the government ...