Essays on Adjudication

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

Many people who support the death penalty believe that putting convicted criminals to death is a cheaper alternative than housing them in federal prisons for the rest of their lives. In fact, from prosecution to incarceration, the costs associated with carrying out capital punishment are far higher than the costs associated with imposing a life sentence. The burden of these high costs is almost entirely carried by tax payers in sentencing states. Researchers in Maryland empirical study analyzing the financial effects of the death penalty relative to lesser sentences handed down between 1978 and 1999. The researchers found that, ...

Ray WA, Chung CP, Murray KT, Hall K, Stein C. Prescription of Long-Acting Opioids and Mortality in Patients With Chronic Noncancer Pain. JAMA. 2016;315(22):2415-2423. doi:10.1001/jama.2016.7789.

Prescription of Long-Acting Opioids and Mortality in Patients With Chronic Noncancer Pain Wayne A. Ray, PhD1; Cecilia P. Chung, MD, MPH2; Katherine T. Murray, MD2,3; Kathi Hall, BS1; C. Michael Stein, MB, ChB2,3 [+] Author Affiliations JAMA. 2016;315(22):2415-2423. doi:10.1001/jama.2016.7789.

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Abstract ABSTRACT | INTRODUCTION | METHODS | RESULTS | DISCUSSION | CONCLUSIONS | ARTICLE INFORMATION | REFERENCES Importance  Long-acting opioids increase the risk of unintentional overdose deaths but also may increase ...

Introduction

The international community widely upholds the position that maintenance of the proper implementation of human rights standards violates the principle of state sovereignty within the international law system. In reality, the concept of human rights is involved in the internal sphere of the regulation of the states to certain extent, while the scope of the interference is quite limited. With the development of the concept of human rights in the contemporary society during the 20th century, the position of the state in the international arena and its influence is linked to the proper realization of the obligations regarding the ...

Critically Examine the Contribution made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. Critically Examine the Contribution Made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. At the core of the international law of genocide is the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The Genocide Convention came about in 1948 through General Assembly Resolution 260. It came into force in 1951. One hundred forty states ratified the Convention. Its purpose was to deter future acts of ...

Introduction

Alternative sentencing makes way for committers of minor crimes and those with no criminal records to transform and comply with varied ethical standards as laid out by the state. With enhanced supervision as an alternative to incarceration, court administrators are involved in monitoring activities such as substance abuse treatment, random drug testing and community services performed by the offenders. The probation officers have to work closely with the Office of Community Corrections to ensure that the benchmarks set by the judges are met and that the offenders are able to contribute to long term growth and stability of the ...

The

ABSTRACT The underage offenders can not be treated as adult criminals. Children have more chances to change. A special court system for juveniles has created a service-delivery system that provides minors with education, guidance, and supervision. The courts for juveniles also differ from the ones for adults. Commonly, the juvenile courts are informal in order not to stress the child, but minors has still have less rights in the court than adults. Also children can be punished for the cases that are absolutely legal for adults, like possession of alcohol and tobacco and running away from home. Minors are ...

INTERNATIONAL COMMERCIAL ARBITRATION: OIL AND GAS SECTOR

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Actions for claims in the energy industry often involve large investments, a robust sense of public interest, and “cross-border” features that warrant the development of a special structure to resolve disputes (International Center for Energy Arbitration). In the belief of Akinjide-Balogun (2000), the possibility for disputes among the players and stakeholders in the global energy sector remains at a high level. This should not come as a surprise owing to the presence of a number of complicated commercial relationships as well as the high costs in exploring for and harnessing vast amounts of hydrocarbons. Arbitration ...