it‚ is the belief that: Citizens affirm the same political conception of themselves as free and equal persons; and… that their (permissible) conceptions of the good‚ however distinct their content and their related religious and philosophical doctrines‚ require for their advancement roughly the same primary goods‚ that is‚ the same basic rights‚ liberties‚ and opportunities‚ and the same all-purpose means such as income and wealth with all these supported by the same social basis for self-respect
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the crime. Perhaps it is because of this reason that many scholars disagree with the just desert doctrine. The goals of the criminal justice system are retribution‚ incapacitation‚ deterrence‚ and rehabilitation (Wald‚ 2001). Unfortunately‚ retribution in many cases is the only goal that is really accomplished by some of the harsh punishments that are handed down under the “just deserts” doctrine. Deterrence may be accomplished by deterring others from committing the same crime; however it often
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stronger parties had the possibility to impose unfair and domineering conditions upon those who were weak and vulnerable. It is in this context that both legislations and courts agreed that State action was indispensable to ensure fairness among individual parties‚ in an era where the exercise of law of freedom were extremely restricted. In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations:
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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LEGITIMATE EXPECTATION The Legal and Institutional Background The doctrine of legitimate expectation operates as a control over the exercise of discretionary powers conferred upon a public authority. The typical reason why discretionary powers are conferred upon a public authority is to ensure that they are exercised having due regard to the particular circumstances of individual cases coming before the decision-maker – ie in circumstances where Parliament was not confident at the time
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political philosophers of the second half of the twentieth century. His work has greatly influenced modern political thought. He is chiefly known for his book ‘A Theory of Justice’‚ an effort to define social justice and for his theory of ‘justice as fairness’‚ which develops principles of justice to govern a modern social order. Rawls’ theory provides a framework that explains the significance‚ in a society assumed to consist of free and equal persons‚ of political and personal liberties‚ of equal opportunity
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desirable political outcomes. At the other side of well-being debate Democrats promote their vision of fairness. “They are rather skeptical that there is a linear relationship between individual effort‚ ability and reward and feel that a major function of government is to make life fairer” (Freeman 334). Unfortunately‚ neither of the two parties has succeeded to identify the criteria for achieving fairness and individual success in politics; and here‚ Republicans are absolutely similar to Democrats.
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and managers in the private-sector workforce in the United States are employed at-will. Organizations who employ at-will employees can terminate its employees for any reason‚ provided that reason does not fall within the exceptions of the At-Will Doctrine. Certain circumstances can result in wrongful termination‚ and employees can sue their employer for damages and reinstatement. The purpose of this paper is to discuss the issues associated with at-will employment in the private sector and the rights
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Anglo-American common-law tradition is built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent
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PLG-108-1309: Legal Research‚ Writing & Civil Litigation Assignment 1 (based on classes 1 and 2): Question For the first assignment‚ try these short questions involving legal research: 1. Please enter the correct citation for the Supreme Court case of Lamb against California‚ which was decided on January 7‚ 1963 and is recorded on page 234 of volume 371 in the United States Reporter. Lamb V. California‚ 371 U. S. 234 (1963). 2. Please list all of the courts whose decisions are binding upon
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