Wednesday, May 6, 2020

Philosophy of Law Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Law and Justice. Answer: Lawand justice are two words which have been used as synonym of each other. Whenlaw is discussed, justice is assumed to be present. However, these terms are quite different from each other.Law does not necessarily mean justice, and justice does not mean that it is law. Law denotes the rules, regulations, statutes and the legislations which have been drawn for the people and which have to be followed in both letter and spirit. Justice, on the other hand, denotes fairness, righteousness, impartiality and objectivity[1]. In the following parts, these very differences and mergence of these two concepts, i.e., of law and justice have been analyzed, to gain an understanding on their relationship. Since Plutos time, the theorists of law and politics have wrestled with the issue of deciding whether justice forms a part of law, or whether the same is about the moral judgment regarding the law. The latters example can be highlighted in the concept of unjust law. A number of scholars have summarized their views in this regard and concluded that in reality, justice is about laws judgment and there is no evidence to support the notion that justice is a part of law. And yet, this has been contended. To better understand these concepts, the literal meaning of these two have to be analyzed. Law is the rule of conducts which are regulated and backed by the penalties imposed by the state, for their contravention. And justice denotes giving the individual the thing which they deserve[2]. Hence, it can be stated that the laws are the guidelines or rules which have been set p by the social institutes so that the behavior of the people can be governed. Such laws are formed by the officials of the government and the same have to be strictly followed by the people, to which it applies. Law helps in setting standards, principles and procedures which have to be obeyed. Justice is mostly based on morality, ethics and righteousness. And it requires that each and every individual should be treated in same and equal manner. Justice can thus be stated as being a part of law, as all of the aspects are present in justice as a concept[3]. These two terms are used interchangeably, and often people are confused in these two terms, and believe that they refer to the same thing. Though, the very meaning of these two words differentiates between the two. This is because the law portrays the set of rules which clearly state what is allowed and what is not, on the basis of differentiations in the right and the wrong. However, justice always analyzes the situation which led to the incident to judge what was right or wrong at that particular instance. Hence, law can be stated as a system, and justice is merely a part or the concept under this system[4]. Law is something which is created by the officials of a nation, who have been elected by the people and represent their views, and as highlighted, it defines what is allowed and what is not. The law is enforced through the officials, for instance, the law enforcement officers. Law can be stated as the group of ideas which have to pass through votes, checks and balances before they can actually be deemed as law. And only after they are enacted can they actually come in full force. Any and every individual, on whom the law applies, has to adhere to it strictly, unless they have been exempted specifically. The enforcement of the law is ensured by the judicial system[5]. This is where the role of justice comes into play. The judiciary holds the people responsible for breaking the law and has the power of prosecuting them. Depending upon the nature of the offence and the degree of the same, the law is applied, for instance criminal law would be applied for an attempted murder and internat ional law would be applied, when it comes to an issue between two different nations. On the basis of the analysis of a particular case, the judiciary delivers its verdict and this verdict is said to deliver the justice to the parties. So, the theme of the law is upheld through justice[6]. The most daring, as well as, most controversial philosopher of the twentieth century, Jacques Derrida, always emphasized upon the differences in these two concepts[7]. In Derridas words, justice was not something which was outside the law instead it was something which helps in the laws transcendence. He believed that justice was just another word for ethics and also stated that there were no such norms or rules which could govern a just response. He also argued that justice was a process which required to strategy, conditions and context to be taken into account[8]. He believed that in order to get a just response, time had to be invested on the basis of the singularity of a particular situation. Derrida also undertook a deconstructive analysis of the two concepts and in this analysis he observed that law and justice never formed an external or internal critique of the legal positivism. Instead these two concepts investigated upon the conceptual frontier of the very notion of law. H e contented a radical heterogeneity between justice and law, which led him to conclude that law, had nothing to do with the concept of justice[9]. In order to throw light on law orthodoxy regarding the law being a peaceful and neutral arbitrator, Derrida contended that there was supremacy of homogeneous and singular law, which would be sustained by force. Hence, it could be stated that in this sense, the law is authorized force. Law is construed, as per Derrida, on the interpretable textual strata, and this is agreeable to the deconstructive analysis. Conversely, justice cannot be deconstructed as it goes beyond the reasonable calculations. In the views of Derrida, justice has a relationship with the other and the same cannot be merely mediated or determined by the construct of law. Hence, it requires to be reached out to the other, by the experience of unfoundedness and instability of law. And due to these reasons the questions pertaining to justice are born at the limits of law, instead of being internal or external to the law[10]. Even though the differences have been expressly and quite vocally be put forward by Derrida, he believes that the two concepts are not opposed. Justice is such a response to the law, which cannot be calculated and depends on the given situation. The rules cannot account the otherness of a particular case and hence, justice requires reconciliation amid the other and the rule. Every decision is different and each case is the other which necessitates an absolute unique interpretation. And this cannot be guaranteed absolutely by an existing coded rule. So, to law, justice can be stated ass a deconstructive attitude. And with regards to the otherness and the singularity of the case, justice has the opportunity of reconstructing the law[11]. Another leading thinker in this regard, Hand Kelsen argued that the law and justice were two separate things and even went on to state that these were unrelated to each other. As per Kelsen, justice is indeterminate and has even called for a clear separation of these two concepts. He has also acknowledged that certain laws can be deemed as just and the other as unjust. However, he has relegated the justifying of law, which is a problematic task in his word, to the social and religion metaphysics. And even after these statements, the role of justice in the law has been acknowledged by Kelsen[12]. He believes that under the law, justice means legality. Hence, it was just to apply the general rules in each and every case, where the rules have to be applied, as per its content. However, it would become unjust where the rule is applied in a particular case and not in the other similar cases. Hence, to further his claims regarding the separation of justice from law, Kelsen made three key points. The first being that the law is determinate, however justice is not; this is followed by the question on whether or not the consideration of law being just, as an external to legal system; and the last being that under the law, justice was simply the rule of law, which has to be applied in each and every case which is under that particular rule[13]. Even though there are differences between the law and the justice, however, they do have a number of similarities. Law and justice both form a part of society and encourage the people to be moral and bring a balance in the community. Plato, the Greek philosopher believed that the law has the ability of providing justice and inner harmony in the state. And he further believed that these could be used as the moral educators. And this notion is quite right as justice and law are required to have a harmony between them, as they work together and help in bringing a balance in the society. Moreover, due to their similarities, they co-exist with each other, and the existence of one, without the other, is not possible. This is because the ultimate goal of law is to bring justice and order to the society and to punish those, who harm the society. The law is a tool, using which the justice is delivered. Without justice, there is no purpose of the law, as the compliance of law cannot be fulfill ed without presence of justice. Similarly, justice cannot be delivered till the time there are specific rules to give a fair and equal decision, which is consistent in similar cases[14]. To summarize this discussion, law and justice are two different terms, which co-exist to be meaningful. A range of discussions have been carried over the inter-dependence and the differences between the concept of law and justice. And even though a lot of literature has been written over the difference in these two concepts, the point cannot be denied that these two concepts need each other to satisfy their purpose. This is evidenced from the statements made by both Derrida and Kelsen, where even though they have emphasized upon law and justice being two separate things, they remain a crucial aspect of each other. Hence, it can be concluded, that the relationship between law and justice is quite complex. Bibliography Articles/ Books/ Reports Davies MJ, Asking the Law Question (Law Book Company, 2008) Glendinning S, Derrida and the philosophy of law and justice (2016) 27(2) Law and Critique. Kellogg C, Law's Trace: From Hegel to Derrida (Routledge, 2009) Parry JT, Evil, Law and the State: Perspectives on State Power and Violence (Rodopi, 2006) Sarat A, and Kearns TR, Justice and Injustice in Law and Legal Theory (University of Michigan Press, 2009) Scott SD, Law after Modernity (Bloomsbury Publishing, 2013) Turner C, Violence, Law and the Impossibility of Transitional Justice (Routledge, 2016) Wacks R, Understanding Jurisprudence: An Introduction to Legal Theory (Oxford University Press, 4th ed, 2015) Others Canadian Superior Courts Judges association, The Role of the Courts (2006) https://www.cscja-acjcs.ca/role_of_courts-en.asp?l=4 D'Amato A, On the Connection Between Law and Justice (2011) https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1001context=facultyworkingpapers Difference Between, Difference between Law and Justice (2017) https://www.differencebetween.info/difference-between-law-and-justice Schillmoller AL, LAW00520 Philosophy of Law, 3rd edition (2011) https://works.bepress.com/anne_schillmoller/15/

Tuesday, May 5, 2020

Medieval vs Renaissance Corruption in the Church. Essay Example For Students

Medieval vs Renaissance: Corruption in the Church. Essay The Medieval times and the Renaissance each had their separate views of humanism. The Renaissance rejected all beliefs and ideas that the Medieval times had developed. Medieval times thought that the human body and individualism were sinful while Renaissance thinkers said that individualism should be glorified. The main complaints made against the church were corruption and hypocrisy within the clergy. These complaints reflected the Renaissance ideas of individualism in that the clergy thought that it was k to use explore the attributes of the human mind. Individual power and accomplishment was enjoyed and seen as good. Members of the Catholic clergy were financially, politically and socially corrupt. The abuses of clerical power and privileges by the clergy spanned all parts of their daily lives. The daily lives of the Catholic clergy were filled with intemperance and overindulgence. Their financial, political and social corruptions made it practically impossible to serve their positions truly. In essence, the clergy almost wasnt even really clergy at all. They were Just ordinary people in religious clothing. Perhaps the most interesting of the clerical corruptions are the social ones. It has already been addressed that the vow of poverty had been broken in half, smashed and ground into the dirt. People were refused a stately funeral and sometimes denied burial on account of their poverty level (Rogers pig 380). The status of their vow of chastity was in even worse condition. The clergys social corruption was that it was too social. Clerics focused more on their public status than on their congregations which goes back to the Renaissance idea of individual glory. They openly drank, owned private property, slept in, slept around and pretty much ignored their religious obligations. Medieval beliefs about the human body were that the flesh is sinful and should not be seen or touched. The clergy obviously thought differently about the human body and leaned more towards the Renaissance ideas. The political issues of the clergy were seated in their lust for power and money and their variety of privileges. The sale of church offices had a lot to do with the political corruption. Important, as well as insignificant offices were offered up to the highest bidders. Once the Jobs had been filled, the appointees created more new offices to sell for profit. The practice of creating new offices as a fund-raiser is most documented with the popes. Alexander VI created eighty previously non-existent offices, each going for a price of about 19,000 dollars apiece. Julius II and Leo X created similar numbers of offices, which would run at about the same prices. Alexander also had a soft spot for his friends children. For them he arranged significant marriages and named one a cardinal. The clergy was notorious for sucking money out of the people any way they could. They were known to have sold false relics to unsuspecting believers, passing animal difficult because clergy often served as local officials, including those in charge of collecting taxes. However, it was blatantly obvious that the cash was going to the clergy, who were becoming worldlier by the day. Even the papacy, the highest representative of Gods church on Earth, had become almost mortally corrupted. Pope Clement Vics luxurious court and gorgeous retinue were those of a secular prince, not a prince of the church. Another grievance that eventually became a driving force behind the Reformation, was the sale of indulgences. Priests are authorized to absolve a confessor from the guilt and punishment of sins in hell, but not from earthly penance. If all penances are not performed, the balance would have to be paid in purgatory, a kind of temporary hell. The indulgence began to replace prayer, pilgrimage and alms as penance to escape a short piece of their term in purgatory

Saturday, April 11, 2020

A Sample Cosmos Application Essay

A Sample Cosmos Application EssayA sample cosmos application essay is an ideal way to see what writing samples will look like, and how they will be scored. A sample cosmos application essay helps you in a big way in your education.A sample cosmos application essay is written by a professional of the cosmos universe. This is done to make sure that the essay has been created based on a formal application procedure. The sample cosmos application essay that you use to write is going to be analyzed by the admissions team as well as the college.These cosmic applications come with an instructor guide book and five sample sentences for the student to copy. A sample cosmos application essay should not only be written on your own, but should be based on your own ideas as well. This allows the admissions team to see your ability to think out of the box. The different contents and topics are explained to you, so you can see what you are going to be required to write.These cosmic applications are extremely helpful for the college, because it allows them to see your creative nature, as well as how you can express yourself in an orderly manner. They will even take into consideration if you are going to be tested.There are many colleges that take college admissions into their own hands, and this application essay is the first step in what you are going to do. It will show your abilities, as well as your creativity, and what you can do with the cosmos universe. So, the best part about using the sample cosmos application is that it is going to be the first time that you are going to see how you will appear on the college's list.When you are choosing the subject for your application essay, remember that everything will be dependent on how you appear on the college's list. Make sure that you put emphasis on everything that they may think of your particular application essay. Do not give in to the temptations to rewrite a topic because you don't want to appear 'too competitive'. Be consistent in your application essay and you will be able to ace the test.So, the next time you are looking at application essays for school, remember that a sample cosmos application essay is available. Take advantage of it and you will be in the best place possible to win over the college.

Saturday, April 4, 2020

Awesome Google Tricks You Didnt Know Existed [Infographic]

Awesome Google Tricks You Didnt Know Existed [Infographic] Google is an integral part of our lives. Whether we’d like to admit it or not, we rely on Google for many things. It has become an encyclopedia for most of us. But how can we take our use of Google to the next level in order to truly make the most of theis valuable tool? The folks over at whoishostingthis  have compiled an infographic detailing some pretty awesome  Google tricks  that you probably are not  familiar with. Check them out below:

Sunday, March 8, 2020

buy custom Cyber Security essay

buy custom Cyber Security essay Cyber security is concerned with stopping information from being stolen or tampered with. It also ensures that information gets to the intended users. An unauthorized person may tamper with private information, thus causing a lot of damage to institutions. Various security check mechanisms are applied to safeguard computers from hackers. The human factor is one of the key factors that make cyber security be enhanced. Being inquisitive by nature human beings cant help wanting to have access to all sorts of information. They alter systems for malicious purposes, thus causing others to suffer, or even tamper with information stored in criminal investigation departments. Many computer viruses are spread through the use of USB sticks. Once plugged in, they leave viruses which begin to multiply and attack other computers when files are sent over the Internet. It is wise to have programs that guide people on how to administer security systems on their computers which protect them from hackers. One of the ways to safeguard against an intrusion attempt is to use complex passwords and codes which should be kept secret. If possible, the codes should be changed regularly so that hackers ar kept from exercising their knowledge (Beck, 2002). It is imperative to consider the people who use the Internet-connected computers and the line of the users they share because it helps spotting risks that are associated with cyber crime. Some computers are vulnerable because their owners tend to be excessively gullible. Systems should be used to protect computers fully because when one is found hacking, he is answerable for breaching policies on configuration. Data segregation should be used because it helps privatize information. Good design of systems should be used because use of substandard experts only disguises you from accessing real systems. Topic 2 Security Misconception Many Internet users feel that simply because the websites they are using are secure, they are secure too. This is a misconception that endangers their work and makes them vulnerable to a hacker attack. It is imperative to personalize a computer by using security check systems that bar malicious entrants into your computer. Generation of codes and user names that are only known to the user is vital because it keeps off hackers. Firesheep is an extension to Firefox that allows cyber criminals to access other people information through the use of a Wi-Fi connection. It hijacks a persons identity from any insecure log-in attempt. This is an indication that one should not be gullible to feel that he or she is secure from hackers simply because he is using a public website. It is advisable to use an encrypted session if one is using a public network because it ensures a secure connection. In cyber crimes, key loggers are frequently used which capture every key stroke on your computer. This is also an indication that one needs to use a system that is capable of identifying and neutralizing a key logger before it captures ones passwords and user names. It is imperative to update signature date of the antivirus software installed on ones computer. Some antispyware can effectively counter key loggers, so it is vital to know the right one to use it for full protection. Users need to deploy additional layers of protection. This will helps them identify and remove threats in their computers before personal information is stolen. Buy custom Cyber Security essay

Friday, February 21, 2020

Write a report on the environmental activities Coursework

Write a report on the environmental activities - Coursework Example Corporations operating globally need to undertake various environmental activities in order to conserve the environment and provide a sustainable society. The environmental policies are prepared so as to promote these activities in the organization (Hirata Corporation, 2014). The main purpose of the report is to highlight the environmental activities that are undertaken by a European Carbon Intensive Industries Company, Arcelor Mittal. The report also investigates the level of disclosure that is provided by the company with respect to the specific environmental activities in the past 2 years. The level of disclosures is provided with the help of disclosure index, which includes General Environmental Activities and Specific Environmental Disclosure as per GRI indicators. The individual activities that are highlighted in the Appendix are detailed in the report along with the level of disclosure. The methodology indicates the process employed to elaborate the environmental activities and how the data are collected. The section, analysis of the results, depicts the comparative evaluation of data obtained in the last two years. The analysis is followed by a general discussion regarding the environmental activities that are undertaken by the companies. The general discussion is based on the activities that are disclosed by the selected company. This part of the report is prepared with the help of academic literature that are provided by different authors regarding the disclosed topic. The recommendations are provided based on the research and conclusion, which is a good source of information for further researches. The methodology includes the methods and principles that are employed in collecting information regarding the environmental activities of Arcelor Mittal (AM). The information pertaining to the different disclosures of

Wednesday, February 5, 2020

Marketing Research Essay Example | Topics and Well Written Essays - 500 words - 2

Marketing Research - Essay Example Consumer psychology being used as a factor to charge a high price is a strategy known as premium pricing. It might be assumed that this kind of strategy would be used to skim the market and take as much profits as possible and finally will have to be abandoned. This hypothesis is, however, incorrect to assume. As Smith (1997) alludes, premium pricing strategy might not simply aim to skim the market rather to maintain a high priced brand value without straining the consumer to an extent leveled with the skimming strategy. If the company prices its wines at a price much higher than the actual cost, but keeps it within affordable limits of the targeted market segment, the product is likely to establish a significant brand value. Brand value, however, is dependant on the kind of advertisement that has been done and the branding cost to establish the product while pricing itself is an independent variable as the actual costs of the product are not a deciding factor. Brand value in the example research were measured by mere exhibition of cost to the sampling participants. The assumption of a better reputation and taste based on the cost confirms the premium pricing method for the product to be an effective technique that utilized the expectation of the participants from a high priced wine to be better in taste as per Emmerich’s (2005) research. Other variables, as Emmerich (2005) states, that could affect the results of such a strategy include competitive forces; competitors will have the advantage to sell their products at lower prices and continuously challenge the price of the product. Researches could have measured comparison with competitive brands as an additional variable. An experiment to test this will require each participant to test and sample the wine qualitatively only knowing the tagged prices and not the actual prices. The given example employed a simple random sample of 20 participants, in a