choosing the “literal” meaning is but an interpretation of the text. As a consequence‚ the maxim that tells us “Where the law is clear and free from ambiguity‚ there is no room for construction or interpretation” should now be confined to the archives. It has no practical value except that it is often used as a rhetorical ploy to insist that one’s interpretation is superior to other readings. Those who use this maxim seem to argue that they are merely applying and not interpreting the law. The assumption
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Mens rea is a Latin term meaning "guilty mind". It refers to the criminal intent that is necessary as an element to be proven in a crime. Many civil law claims also include some level of mens rea as a required element. The four levels of mens rea set forth in the Model Penal Code are: 1. Purposely - Express purpose to commit a specific crime against a particular person 2. Knowingly - Knowledge that one’s actions would certainly result in a crime against someone‚ but did not specifically intend
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What are the four Main Tenets of “Ethical Formalism”? - Immanuel Kant 1. Act only on that maxim through which you can at the same time will that it should become a universal law 2. Act in such a way that you always treat humanity‚ whether in your own person or that of any other‚ never simply as a means but always at the same time as an end. 3. Act as if you were‚ through your maxims‚ a lawmaking member of a kingdom of ends 4. If something is wrong‚ it is wrong all the time; an
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SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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Constitutional Interpretation: Engineers’ Case and criticisms of Callinan J in the Workchoices’ Case. By Mark Walker Introduction In the dissenting judgment made by Callinan J in the landmark New South Wales v Commonwealth (“Workchoices’ Case”)‚ a strong criticism was mounted against constitutional interpretation methods employed in the judicial forum. Explicitly‚ this conjecture was focused at Isaacs J’s judgement in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (“Engineers’
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which entails acting out of duty rather than inclination or desirability of idiosyncratic interests. In deontology‚ it is obligatory to follow ‘maxims’ as Kant call them‚ which are rules such as the law and moral laws. In Kantian ethics‚ this corresponds with Categorical Imperative‚ which is following the rule of‚ “Act only in accordance to that maxim through
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Their Eyes on ruling Africa‚ They Conquered A Big Chunk of Africa Before Reaching a point where they couldn’t Progress anymore. Factors such as disease and the people fighting back stopped them from progressing any farther. In 1884‚ Hiram Maxim Invented The Maxim Gun which was an Extremely powerful weapon at the time. With this new weapon‚ The Europeans Attacked the remaining African Countries. INDIRECT RULE As The Europeans Slowly took Over Africa‚ They Decided not to Kill the leaders of every country
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duty. Furthermore‚ consequences do not matter and one should act according to their duty as long as they have good intentions in mind. A general maxim that should be used in this situation would be that one should act accordingly in a way that does not harm the environment and positively affect those around him. If one can will everyone else to follow his maxim‚ then he should follow it as well. However‚ one should not treat anyone as a means to an end only to an end. Therefore‚ a chemical engineer who
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whereby a firm’s optimal performance or most profitable performance is when marginal cost is equal marginal revenue. When adjusting the price to determine maxim profit the maximizing profit tends to occur at the point where marginal cost equals marginal revenue as demonstrated by the results shown by toggling the price of the demand curve. With a maxim profit Quasar had a total cost of $12.18 billion‚ total revenue of 13.5 billion‚ total profit of 1.29 billion and set price per unit of $2‚550.00. Additionally
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Kant’s Theory of Ethical Duty: A Deeper Look Immanuel Kant‚ one of the most significant and popular theorists‚ was also one of the last key philosophers of the Enlightenment period. Existing ethical assumptions are being deduced using this ethical theory of duty‚ which argues that the when an action can be supported and willed by practical reason and universal law‚ it is the right action. Kant did not believe that just mere virtues can measure ethics. Looking
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