The courts play pivotal roles as far as justice is concerned in any given country. In addition to the implementation of law of the land, thy act as a link between the various arms of the government; hence the power balancing factor. Solving conflicts is one of the roles that have been solely accorded to courts. Among such conflicts is the interpretation of law, something that has become common in the modern society. In most civilized societies, law-making lies in the hands of parliament. However, sometimes parliament creates complex laws, and their meaning become a source of controversy because they tend ...
Rule College Essays Samples For Students
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The judges mainly rely on a various principles when interpreting the acts of parliament. These rules include:
- The literal rule.
- The golden rule.
- The mischief rule.
The literal rule
It is the cardinal rule of construction (interpretation) of statutes. In this rule, words must be given their ordinary, literal, grammatical meaning. The literal rule is the first rule to be used in establishing the intention of the legislature.
In many cases, the courts are normally required to interpret the meaning of a given piece of legislation to enable them apply facts to the cases that come before the judges. As such, the courts have continually developed a wide range of rules of interpretation to assist ...
In 1961 the evolutionary rule was born into the Fourth Amendment of the U.S. Constitution. “The exclusionary rule was set in place to protect the people of this country” . The protection of this rule was put forth against evidence illegally obtained by police. The evidence that was illegally found is violates citizens’ rights of the Constitution. This rule can be good for citizens even if the evidence proves guilt but cannot be used against them because in the matter in which it was obtained. This means the evidence is thrown out of court, and the individual may not be ...
Validity and Scope of Approximate Methods of Integration
Introduction
Addition of discrete numbers is pretty straightforward; more than 80% of the human population can make mental calculations instantly. So when integration was introduced as a kind of addition in a continuous domain, I was not very worried. However, it didn’t take me long to realize that understanding integration is more than solving a bunch of problems using well defined techniques. So in my pursuit to understand the topic well, I decided to research upon how some of these techniques (Trapezium Rule and Simpson’s Rule) came about, how they work, and what they really mean. With this intent, ...
The step-wise process by which the “infield fly rule” evolved
The origin of infield fly rule cannot be separated from the origin of baseball. The first organized game of baseball was played in1845 by Knickerbocker Base Ball Club from New York. The rules at the time allowed the game to be played by gentlemen i.e. rich men only. The objective of playing the game was not to win but to exercise. The initial attitude of the game resembled that of British cricket spirit. This attitude could not overcome the challenges of the unwilling soil of New York. Baseball grew in reaps and bound in the years that followed its ...
Dicey was an incredibly important figure in the development of the Rule of Law in contemporary Britain. The Rule of Law, in a modern context, has been developed through many different societies; however, the liberal understanding of the role of government and law in British society today is very much the result of Dicey’s philosophical input. Dicey suggested that individuals cannot be punished in any way unless they have committed some sort of transgression against a law that has been established by the rightful government and Courts in the realm. Dicey also suggested that an important characteristic of the Rule ...
When studying philosophy and political science in general, the names of Plato and Aristotle are often mentioned as the most prominent minds and the starters of many philosophical and political doctrines. Both philosophers were concerned with the nature of the State, or the polis, the forms it could take and which one of them could be considered as the best possible regime a society could give itself. According to Bertrand Russell, Aristotelism gave the foundations to forms of government based on reason, while Platonism gave foot to idealism and the establishment of mysticism as a way to control societies . This work ...
The government of the United Kingdom is composed of three branches. The three branches are the executive, the legislature and the judiciary. The nexus of these three branches of government lies in their positions vis a vis the law. The legislature is tasked with formulating the laws, the executive with executing the law and the judiciary with the task of interpreting the law. This submission will be seeking to dwell on the Judiciary’s function of interpreting the law. The submission will be specifically focusing on the various approaches, rules and other assistance which members of the judiciary use when ...
Introduction
Security and privacy issues in hospital information systems play a fundamental role in the adoption of the systems. A Hospital Management system can only be adopted if proper security is ensured to protect the patients and the information that is found in their records.
HIPAA STANDARDS
The Health Insurance Portability and Accountability Act (HIPAA) were enacted by the US congress in 1996. It protects the Health Insurance coverage for workers and their families when they change or lose their jobs. It established new standards for the movement and uses of the healthcare information. (Armstrong, et al 2005) There are three types of ...
Law and social theory
Sociology has been linked with the way people live their daily lives. Many scholars have tried to explain the relationship between law and social theory. The most widely known scholars or sociologist who attempted to create a relationship between law and social theory would be. Marx who came with what has commonly come to be referred to Marxism and then mark weber who was a well-known sociologist. Their works had similarities and differences, but their aim in trying to figure out the relationship between law and social relations was similar.Max weber
Conferring to weber work in his book economy and ...
Law
The Fourth Amendment guarantees the right of every person to be free from unreasonable searches and seizures, but it does not specifically provide a remedy in the event that a constitutional violation shall take place. According to Samaha (2011), no person shall have a constitutional right in exclusionary rule or defense of entrapment. The judge established a doctrine called the “exclusionary rule” which provides that any evidence that was obtained during the search or seizure that violated the defendant’s constitutional rights shall not be allowed to be introduced by the prosecution for purpose of presenting as evidence to prove the guilt ...
According to Xenophon in his book The Education of Cyrus, "It is easier, given his nature, for a human being to rule all the other kinds of animals than to rule human beings" (p. 22). This quote sums up perfectly the difficulties of rule; one's followers, unlike animals, have the ability to revolt and to disagree with the way a ruler runs things. How can this go right and go wrong? Xerophon's philosophy of stable political rule is shown through the actions and attitudes of three rules in The Education of Cyrus: Cyrus himself, his foolish uncle Cyaxares, and the evil ...
Question 1
Various factors contributed to the creation of communism in China. These factors include:
Confucian culture
Confucian culture is a key aspect of the Chinese society as it has played a significant role in the making of a communist culture. In the traditional Chinese society, Confucianism was the governing dogma of the ruling elite. The ideology first came into existence after 200 BCE and remained the country’s orthodox ideal for almost 2000 years. Even though, the introduction of communism resulted in numerous changes in various aspects of the Chinese society, Confucian elements still influence China’s political society.
Ritual ...
The topic on exclusionary rule has generated an immense debate, pitting two sides; those supporting its ban and those opposed to its ban. Nevertheless, there are different reasons that justify the need to uphold this rule. Above all, the exclusionary rule should not be abolished because it gives the courts powers to ban the bringing in of evidence obtained illegally. Precisely, this rule limits introduction of incriminating or non-incriminatory evidence acquired using fraudulent methods. Therefore, the existence if the exclusionary rule ensures that ethics are upheld in the courts and the criminal justice system at large. Speaking of fraudulent ...
The American laws are considered to be one of the most powerful laws when compared to the laws of the other countries. Rules and regulations in this country are amended at a fast pace to avert any possible catastrophe. A rule is always written viewing its effect in the upcoming days where it can be applied generally. The rules are not solely created by the elected congress personnel, but by the administrative agencies who appoint an official. All the amended rules are contributed by the authority from the parliament. I understand that a rule has been accepted wherein the attorney general ...
Introduction
The passage from the Republic by Plato is prone to different interpretations. To gain full comprehension of the passage the reader is obliged to delve deep into the platonic debate between Socrates and Glaucon. The trajectory of the argument according to Plato, was that democracies are governments ran by fools. The principal argument in the discussion was that democracies elect courses of action without a coherent understanding of the matter they are handling. The overriding argument was that only those who are fully experienced in statecraft should be allowed to rule. ‘Socrates argued that the cobbler and the medical doctor ...
Judicial Independence
The concept of judicial independence is recognized by almost all constitutions of the world and the basic reason behind judicial independence is to keep the judiciary liberated from every kind of influences by executive, legislative or any other force. The Chief Justice of Canada in a recent judgment explained the importance of judicial independence:"Judicial independence is valued, because it serves important societal goals - it is a means to secure those goals. One of these goals is the maintenance of public confidence in the impartiality of the judiciary, which is essential to the effectiveness of the court system. Independence contributes ...
The Colonization of foreign lands by whatever nation more often than not proves devastating to the colonized territory and people residing on it. The arrival of the British, a potent seafaring nation, on the Indian subcontinent marked an extensive period of exploitation that left the economy in a stagnant state. Starvation and poverty, illiteracy, agricultural decline, resource exploitation, wealth drain, trade inequity, infrastructural underdevelopment, feudalist land ownership, and the near-liquidation of artisans were among the outcomes of the Crown rule. However, this is not to say that positive outcomes were nonexistent, as the globalized nature of the sea empire ...
The proposed rule in USA Federal Register was published on 16th January 2013. The proposed rule seeks to revise the current manufacturing, processing and packing regulations. This rule seeks to introduce more preventive measures in accordance with the Food Safety Modernization Act (FSMA). These new laws were proposed to strengthen the regulations required for registration of food facilities with the Food and Drug Administration (FDA). These measures if taken will help improve food safety plans and the identification of hazards facing these processes and mitigation of the identified hazards. The rule will further ensure only the best and legal ...
Introduction
In the history of Belgium, Leopold was the second king who is best remembered for his role in exploiting the Free State of Congo. He was born in Brussels and in 1865, he rose to the throne after succeeding his father. He went on to rule for 44 years, longer than any other Belgian monarch. During his time, Leopold was the sole owner and the founder of the Congo Free State. He privately undertook this project. Helped by Henry Morton Stanley (explorer), he successfully laid a claim to Congo. In a Berlin Conference held in 1884, European colonial nations recognized his ...
Impermissible and Unwanted solicitation of professional employment
Re: Illegal/Unethical Solicitation of Professional Employment Using Third Parties
ISSUES
- Is it legal to personally (or by use a third parties) to “chase ambulances”?
- Is it legal/ethical to pay compensation to parties recommending an attorney’s services to potential clients?
- Are there any circumstances under which Betty’s husband may legally/ethically give out Adam’s business cards within the course of his employment?
answers
- No, any communication transmitted at the scene of an accident, or at, or en route to a treatment or care facility (hospital, emergency or other health ...
Nationalism is a socio-political philosophy whereby the nation’s or state’s welfare as an entity is regarded paramount.It is essentially a collective consciousness or mind state in which people have the belief that their primary loyalty and duty is to the state. In most cases, nationalism glorifies different virtues of the nation as well as implying superiority of the nation. In nationalism, the love for the nation is likely to be overemphasized. Though a recent move that probably started during the French Revolution, nationalism has been instrumental in the formation of the bonds that keep modern states intact. Nowadays, the ideology ...
Introduction to Criminal Justice System essay
Introduction to Criminal Justice System essay
Every democracy the world over prides in respect for the rule of law. The phrase “Rule of Law” encompasses three vital elements that are essential for the proper functioning of a democratic government. The phrase was popularized by a distinguished English jurist, A.V. Dicey who argued for a government that had respect for the rule of law. However, the phrase owes it origins to Greek where Aristotle said that the law should govern and that the rule of law is better than the rule of man. It is in recognition of the tendency of man to ...
Business Wanted To Support Rule of Law Framework
Business Wanted To Support Rule of Law Framework
Introduction
In the article entitled Business Wanted to Support Rule of Law Framework published in the Risk and Compliance section of the Wall Street Journal, the business community is called forward to become more involved in their responsibility to the public. The report indicated the effort of the United Nations Global Compact in pushing for the promotion of laws that demand a sense of greater corporate responsibility, not only among existing business, but also among emerging markets. Based on research, the lack of sufficient law of potential markets is one of the ...
Introduction
This essay reviews the various aspects of evidence gathering and applies them to the exclusionary rule and the fruit of the poisoned tree. The primary purpose of the paper is to discuss possible instances that officers can consider to ensure the quality of the evidence gathered in the Ellis’ “Who did it?” case. It shows just how complex an investigation can become should the officers acquire a taste for unreasonable and illegal means of collecting information. Therefore, the following is an assessment of these elements.
The Exclusionary Rule and Fruit of the Poisonous Tree
The exclusionary rule disallows the federal system from using evidence collected in violation of ...
Philip V. Moore
The exclusionary rule, which forbids the use of illegal obtained evidence in trial, has always been a controversial element of the American criminal justice system. Although it is not considered an individual right, the Supreme Court has held that it is a useful tool to deter against the violation of a person’s constitutional rights.
In fact, one of the fundamental reasons that the Supreme Court, in Mapp v. Ohio, made for the use of the exclusionary rule was the benefit they saw in deterring police from violating the Fourth Amendments rights of the people against unreasonable searches and seizure. Under ...
Explain the Sacred Origin of Rule of Law
The rule of law has several origins including political, religious and even cultural origins. Sacred denotes association with holiness. It is the state perceived to be associated with divinity. Many religions across the globe have the rules governing their conducts. These rules and laws have their origins. In this paper we discuss the various origins of the religious laws.
Laws, in almost, if not all cultures are religious or sacred in origin. This is because it is law that governs society and man. Because it declares and establishes the meaning of righteousness and justice, law is unavoidably sacred, ...
The ‘Vasco Da Gama Epoch’ represents the move by Vasco Da Gama that made most of the European countries believe that he had discovered Asia. The Vasco Da Gama Epoch led to the European dominance in Asia and consequently the colonization in many parts of the continent. However, with time, many of the colonies started leaving the continent but the British rule in India encouraged the continuation of European dominance (Darwin 451). However, the end of British rule meant European dominance would soon end due to a number of reasons. This paper analyzes Charles Darwing’s claim that “The end ...
Hobbes and Mill claimed that their philosophical views on ethics agree with the Biblical teachings, particularly its famous “Golden Rule” which states: Do to others as you would have them do to you. In order to arrive at my conclusion on this claim, my essay is going to look at the basic principles of the as presented in the publications .Then am going to compare the golden rules with the two philosophies so as to have a stand. The issue at hand here is whether Hobbes and Mill claim of having common views the Biblical rule.
Utilitarianism is a intellectual a ...
Latin American History: Tupac Amaru
Tupac Amaru descended from a royal family who had ruled the Inca Empire in Peru between the 15th and 16th century. The Incas was the name an empire that had stretched from present day Ecuador to parts of Colombia, Chile, Argentina, Bolivia and Peru. As a result of its wide coverage, the Inca Empire has been described as the largest in the history of the Pre-Columbian America. The empires center of origin was at a place known as Cusco. This center acted as its capital and base of operations.
In the year 1531, the Spanish people started to arrive in the ...
World War II was one of the most destructive and dramatic events in human history, affecting nearly every country on the planet, regardless of whether or not they were actually engaged in conflict. Of no exception is the country of India, whose participation and hosting of American and Allied forces during World War II brought a problematic series of questions and political factors to the country. One of the biggest fights was the one to win hearts and minds in India; to that end, the United States took great pains to make themselves look like the "defender of democracy" to ...
Introduction
Africa today is one the most undeveloped continents with numerous issues plaguing it. This paper shall be examining Africa’s past and history in general in an attempt to understand how it arrived in such a situation. The primary focus of this paper shall be the reasons that as explained previously led to these failures. Europeans colonized all of Africa with the exception of Liberia and Ethiopia 19th and 20th century. The numerous guiding factors behind colonization included search for raw materials and settlement for surplus population among other reasons. The Africans prior to the colonization had their established systems ...
Whether to rely on Dicey’s doctrine is subjective as there are as many reasons against it just like reasons for. It is a mixture of behavior most likely in line to support the view that, “there is no good without harm”. Whatever the Diceys doctrines hold is as much fundamental to the current constitution. It is therefore important to evaluate the strength of this doctrine in regard to the prevailing circumstances.
AV Dicey just like other scholars like Erskine May played an important role in coming up with British general law. In particular Dicey in his book, An ...
Naturally, societies condemn murderers and advocate therapy in case an individual contemplates suicide. Both actions preserve a life that is not only precious but also considered a gift from God. By extension, even atheists conform to the cultural norms that render lives susceptible to God’s will alone and never to that of a human being. With that in mind, individuals avoid the question of euthanasia or mercy killing where people opt for suicide or voluntary murder when their lives become unworthy. It is plausible that most individuals who seek euthanasia have incurable diseases that cause them immense pain and suffering, but ...
It is widely accepted that the men and women accepted into American’s military are upstanding citizens. They are the best and the brightest the country has to offer. As such, there are rules that they must adhere by while they are in uniform to ensure that they give off this quality. They must look neat, clean, and orderly. Hair must be cut evenly and in a timely manner. Men growing facial hair may only grow mustaches that do not exceed the width of their lips; no beards, long hair, or shaggy sideburns are tolerated. If a woman wears her hear ...
Introduction
The rule of law (normocracy) is primarily alluded to as the influence and authority of law around a community specifically as a bottleneck upon behavior including behavior of state officials. The origin of the phrase can be traced back to around 16th century where it was familiar to ancient philosophers such as Thomas Hobbes and John Lockes. Definitions of the rule of law fall into two classes: (1) those that underscore the closures that the rule of law is proposed to serve inside social order, (for example, maintaining law and order, or giving foreseeable and efficient judgments), and (2) ...
The systems of governance have an imperative impact on economic, social, and political aspects in every nation. During the colonial era, colonists had an upper hand in the way political processes were carried out in their respective colonies. As a result, the colonists introduced systems of power and governance characterized with policies and regulations that were revolted by the colonies. Colonies were against westernization by colonists as they desired to maintain their culture and beliefs. In an economic outlook, colonists exploited their colonies through mineral resources and raw materials. In India, British colonialism had an imperious role in the rise ...
Introduction
The word authoritarian as defined from the Cambridge dictionary means to demand total obedience from and to refuse freedom to act as with ones wish. On the other hand social responsibility is defined from Wikipedia as a duty every individual has to perform in order to maintain balance between the economy and eco systems.
In real sense authoritarian rule and social responsibility both relate to issue with independency and direct control. The earlier being the direct rule imposed on subjects or citizens of a state or country by the government and the latter being the freedom of speech granted to ...
Ottoman Empire
The Ottoman Empire is one of the major forces that shaped the political, economic and the social arena of most of the countries in South Eastern Europe. Weidenfeld (1995) asserts that the might of the empire was not only felt in Europe but also in many parts of African Islamic states and in the Middle East (p.45). Osman I. was the founder of the Empire in 1299. It grew from a small state called Constantinople (now known as Istanbul) to the mighty Empire. From scratch to larger empire, Ottoman Empire was faced by numerous challenges during its rule. This article ...
A manager has to be resilient, and it represents the ability to come up with solutions .one has to keep up with the pressure without showing wear and tear. A manager has to be confident. A manager has to have a conviction of what he /she is doing. A manager has to have organization skills. That means a manager has to develop a good plan and keep track of everything in a systematic manner. A good manager has to be approachable, and it means that a manager has to ensure that he keeps a conversation with people at any time they feel to do so. ...
[Author Name]
Abstract
The God created every one with equal capacity. God gave everything to us to live in this universe. The human beings are the only creature who were not satisfied with the wealth given by God, because some are taking more and some are forced to have less wealth this situation exists each and every were. The each and every part of the world is ruled by some democratic rulers; even some kingdom is ruled by kings. No one can say their rulers are good, there may be someone who always says his or her ruler is not ...
Nineteen Eighty-Four is a dystopian novel written by George Orwell in 1928 and printed in 1949. The story takes place in Oceania and the main character is Winston. The book presents the negative side of the Utopian society which was controlled and ruled by rigid totalitarianism. This book seemingly gives the reader an idea of what will be happening in the years to come as the world will be under a totalitarian form of government. The book carries a warning to the world on totalitarianism.
George Orwell creates a government in his novel ruled by one dictator, Big Brother. The Party, ruled ...
Throughout all the centuries of war and violence, one law has persevered through the undercurrent of the history of mankind. The Golden Rule: “Do unto others as you would have them do unto you.” This rule, in its two forms (the positive and the negative), is found in every major world religion and many minor, lesser known ones. I want to briefly explore The Golden Rule through several of these religions and hopefully discover what it means to me.
When most people think of The Golden Rule, they automatically think of Jesus when he said, “In everything, do ...
Introduction
“Debt markets are an integral part of the financial sector and effectively supplement the funds provided by the banking sector” (Tariq, 2004, p. 5). In developing markets, these marketplaces are nevertheless at a primary phase of their growth. Islamic rule (Shari’ah) forbids the charging and disbursing of interest. So, in nations anywhere Muslim populace establishes a significant section of the culture, customary debt marketplaces cannot succeed. Henceforth there is a great request and necessity for evolving options to current debt markets that can be satisfactory to the Islamic rule.
IDB Sukuk
According to (Anon., 2016), The Islamic Development Bank is ...
In the Article “Stop Googling. Let’s Talk” by Sherry Turkle talks about what happens when society starts relying more on texting rather than face-to-face conversation. While the use of cellphones in some social situations with one’s peers is acceptable based on the rule of three. The rule of three says that at least three people in a group of five or six must be actively engaged in a conversation allowing the other members of the group to check their phones. There are many situations where it is seen as wrong. These situations include dinners with your kids, ...
The impact of the Ottoman Empire on the Arab lands that it inhabited were many and varied, as the Empire was both long standing and powerful. The Ottomans influenced the Arabs’ religious lives, their understanding of and access to their lands, and their cultural understanding of themselves. A look at the impact of this time period is paramount to understanding the Arab countries today.
The religious experience of Arabs changed significantly during and after the Ottoman rule. While they had been Muslim previously, there was a shift in the nature of the people’s understanding during the Ottoman occupation ...
Is the United States a Democracy?
Democracy is an in-progress process. Historical practices do not show patented forms of democracy applicable to all polities. The popular conception of and discourse on democracy as rule of people – a conception descending from Ancient Greek – is becoming less of an applicable principle and more of an ideal. This principle, moreover, gains more credibility in less diverse countries in which vested interests are less complicated and overlapping than in more diverse – particularly immigrant – ones. More pragmatic benchmark principles could, instead, be adopted in order to judge whether a polity is a democracy or not. The United States emerge as exemplary of a diverse ...
Daubert vs. Merrell Dow Pharmaceuticals, Inc.
Argued March 30, 1993
Decided June 28, 1993
Parents of two little children filled a complaint stating that medicine, produced by Merrell Dow Pharmaceuticals, Inc. and taken by children’s mother during the pregnancy caused children’s serious birth defects. During the trial, both sides had expert witnesses. The expert witnesses of Merrell Dow Pharmaceuticals, Inc. presented statistical data, scientific articles and analysis of the medicine that proved that it does not influence woman’s pregnancy at all. On the other hand, expert witnesses of the Dauberts provided the court with “reanalyzed” data, results of experiments on ...
- What is meant by the phrase “the rule of law,” as used in a democratic society?
The rule of law (nomocracy) is primarily referent to the law’s authority and influence across the society. This is especially the case with constraints on behavior as well as behavioral influence of various government officials. The phrase traces back to mid 16th century, and was popularized in the 20th century. This aspect became integral to the ancient philosophers including Aristotle. Through him, law needs govern the Rule of law implying that all citizens are under the law of the land. This ...
(Book Review)
Synopsis
Egypt after the Pharaohs revolves around the period through which Egypt witnessed the coming of the Greeks as well as the Hellenistic culture. It also covers the empire of the Ptolemy -from Ptolemy I to the rule of Cleopatra. The book also explains Egypt’s conquest by Rome, along with scientific and cultural achievements of Alexandria. It also covers the rise of Christianity I Egypt. Moreover, it explains the rich cultural, social, and intellectual formation within the period that comes light through the narrative by Alan Bowman.
Themes
There are four major themes displayed from this book. Firstly, ...
Categorically, the Health Insurance Portability and Accountability Act abbreviated as HIPAA connotes to a federal legislation that got passed in 1996. The cited legislation requires health care providers to prioritize the privacy of patient records as well as health information. HIPAA mandated the federal Department of Health and Human Services to build up regulations to implement the mentioned privacy requirements, known as the Privacy Rule. The suggested privacy rule became effective on 14th April 2003. Prevalently, there exist myriad features and elements of HIPAA. The cited elements often get geared towards the well-being of the patient. The paper, therefore, endeavors ...
Three Key Factors in Morocco Independence
Kingdom of Morocco achieved independence from France on 2 March, 1956 after more than forty years of French and Spanish rule as northern third of the country and Western Sahara was controlled by Spain. There were many contributory factors in achieving the independence, however, three key factors played a major role in Morocco Independence. These key factors shall be discussed in the essay.
French and Spanish colonial administrations brought more than half a million skilled European to Morocco with heavy influx of money and made progress in the fields of education, health and transport. However, there was constant resistance to ...
Abstract
Public administration involves the performance of administrative justice and adjudication process which are the powers that are inherent to the office of a public administrator. In carrying out this administrative function, the law requires that due process should be observed in all administrative adjudication procedures. Other than this rule, administrators are given the discretionary power on how they may carry out the investigation process in order to help them perform their adjudicatory functions more efficiently. This paper will discuss about the essence of due process and hearing in public administration and to differentiate the rule making procedure and adjudicatory procedure ...
Introduction
With globalisation, the rule of law, the dictates of democracy and the need for human rights and freedoms have quickly gained currency in the entire globe. Civil activists, donor community and the United Nations continue in their clarion call for the rule of law and natural justice to prevail. In that context, countries continue to embrace progressive legal regimes that facilitate proper law making and enforcement. Indeed, the law occupies a central position in ensuring justice, peace and cohesion in societies. It remains the only determinant of conflict resolution mechanisms that is fair and just to every citizen. However, even ...
The expected value decision rule is a very rational way of analyzing alternatives given the probabilities of each alternative happening and the expected value to be gained from each them. In the expected value rule, the alternative with the highest expected value will be chosen. The expected value rule is best when a decision is to be done repeatedly and the probabilities are always the same every time .
The expected value decision rule is commonly used by decision makers because of the simplicity of computation. A caveat though in using this rule is that assigning probabilities is often very subjective, ...
In every social, economic or financial activity undertaken by individuals or organizations, a decision needs to made to cater for the welfare of all interested groups. The making of the final decision is through the selection of various variables formulated by the involved party. This process is referred to as rule making. The rule making process has several necessities in its application. It helps to remove disputes among various parties and a clear, as well as an elaborate model of conducting activities is established. This leads to strong interpersonal or organizational relationship that leads to the overall welfare gain to all parties. ...
Utilitarianism refers to the ethical theory that posits taking an appropriate course of action increases the chances of perfectness and happiness. Its worthiness is based on the consequences of actions. Utilitarianism may be considered as an ethical approach that is quantitative as well as reductionist. It particularly differs from other ethical theories such as deontological ethics, virtue ethics, pragmatic ethics and other consequantialism approaches. Even so, the practicability of utilitarianism has not been without shortcomings. In particular, it does not adequately guarantee justice, as well as fails to distinguish between what is and what ought to be done in a ...
Introduction
This paper is going to examine the extent to which there is clear certainty and clarity in the establishment of terms of contract used in transactions completed online. Therefore, the focus will be on the concept of use and incorporation of terms through notice and signature under Australian Law. It will also cover any Commonwealth or NWS statutory provisions that related to e-commerce.
The terms browsewrap and clickwrap gained popularity in several US court decisions, which saw the establishment of contracts online. Shrinkwrap licenses gave rise to the terms. The shrinkwrap licenses on the other hand came up ...
1. Legal jurisprudence recognizes the rules and principles which are necessary for the justice. The concept recognizes equal rights and protection for everybody, Right from a competent person to a common person who has even no knowledge of his rights or duties. The rule of natural justice makes provisions to provide the opportunities to a person who has committed a crime or any offence intentionally or unintentionally. The legal procedure tries to find out the reasons behind a criminal act and that why a person was compelled or what motivated him to commit the said act. Justice is a very broad phenomenon which ensures the scope ...
The role of leadership in a state or an organization is one that requires a great deal of forethought and determination – an entire philosophy is dedicated to the employment of sound leadership principles when others are at one’s command. Plato’s “The Republic” discusses these aspects in detail, settling upon the idea of the philosopher-king as the ultimate solution for effective leadership of an organization or state. He explores the role of philosophy through a number of analogies that, in essence, argue for an aristocracy wherein the philosopher is allowed the power to make policy due to his greater understanding of ...