"Do judges declare law or make law" Essays and Research Papers

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    Canon Law

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    Book I : General Norms 1. Book I : General Norms 1. Title I: Eccesiastical Laws 2. Title II: Custom 3. Title III: General Decrees and Inst 4. Title IV: Singular Administrative Acts 1. Ch. I : Common Norms 2. Ch. II : Sing Decrees and Prescripts 3. Ch. III: Rescripts 4. Ch. IV: Privileges 5. Ch. V: Dispensations 5. Title V: Statutes and Ordinances 6. Title VI: Physical and Juridic Persons 6. Ch. I: Physical Persons

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    law and ethics

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    LAW AND ETHICS INTRODUCTION Generally the term law means a body of regulations to guide human conduct. The Oxford Dictionary defines law as a body of enacted or customary rules recognized by a community as binding. Laws governing the external action of man may be either social or political. Social laws are based on customs and are enforced by parental and religious authority or by the pressure of public opinion. Political laws are enacted and enforced by the state. They are virtually commands‚

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    Law of Writs

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    Law of Writs In common law‚ a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage‚ this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has its

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    Holocaust and the Law

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    as lawyers . . .  Judges judged‚ even while Auschwitz spewed forth its smoke and ash.  The rhetoric and ideology of the rule of law and the criminal Nazi state do not allow for such complications. The [sic] is the lie of law after Nuremberg‚ just as it is the lie of law after Auschwitz.  Law continued while six million died. (p.145) David Fraser’s thesis‚ in LAW AFTER AUSCHWITZ‚ is that there is little to distinguish between our fundamental understandings and practices of law and those of German

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    Law and religion

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    July 13 ― Do Malaysians who no longer identify as Muslims have any recourse beyond subjecting themselves to the Shariah system that only recognises adherents of Islam? With the recent furore over the disruptions of a Taoist funeral and a Hindu wedding by state religious authorities claiming that Muslims were involved‚ renewed attention has been focused on non―Muslims wishing to dispute official records of their Muslim identity. In Malaysia‚ Muslims are governed by both the civil laws and Shariah

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    Why do policemen break the law? A Case study of Police Constable Tsui Po-ko Introduction The role of policeman is very important. Policemen help to prevent and detect crime in the society‚ so that we can have a safe and stable society. If a policeman commits crime‚ the public will lose trust towards the police. It will influence the public order in the society. This paper aims to analyze the causes and factors which contributed to the commission of serious crime by policemen in Hong Kong through

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    Law essay

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    Qn5: Explain the role of Khula in traditional Hanafi Law‚ in traditional Maliki Law and in the present law of Egypt. Under Islamic law‚ divorce can take place in three forms‚ namely by talaq (repudiation of wife by husband)‚ by khula (by mutual consent) or by faskh (decree of the court dissolving the marriage). It can be said that If Talaq is defined as the right specifically granted to men to divorce their wifes ‚ khula can be said to be its equal for women as it gives them the right to raise

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    LLM CANON LAW 2nd year Essay 4. What is the civil law on abortion and is this at odds with the Roman Catholic canon law? Introduction The word abortion comes from the Latin ’aboriri’ meaning to miscarry‚ where pregnancy ends too soon and the baby dies. The Abortion debate has become one of the most divisive and contentious issues of our time. Garlikov is of the opinion that once those for or against abortion reflect with more rationality‚they will discover

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    assess why people break the law. Although this process may be difficult‚ it is not without merit. In this paper I will discuss my personal opinion on crime causation and how my life experiences have shaped these views. I believe this process is important because one must always be aware of their attitudes and biases when critically examining social phenomena. I believe that there are three levels in one’s life that can increase his or her likelihood to break the law. On the macro level‚ there are

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    Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations

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