"Jurisprudence" Essays and Research Papers

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    Since the 1980’s‚ people in America have had a xenophobic view towards Middle Eastern people and Muslims. This is partly due to Islamic terrorism that has increased since 2001. This has lead political leaders- mostly or all conservative- to place legislation and executive orders to block or restrict a certain demographic of people who they deem may be terrorists. These conservative politics have a destructive effect and have created a xenophobic society. Since the horrific attacks on American soil

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    Admittedly‚ the documentary Taxi to the Dark Side‚ directed by Alex Gibney‚ was incredibly hard to watch. The imagery and narrative was completely overwhelming in its portrayal of the explicit human rights violations that were perpetrated by the US military and government in Afghanistan and Guantanamo bay. What directly comes to mind while viewing this documentary‚ is the blatant twisting of the American exceptionalism for political means. The democratic fundamentals of the American constitution

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    Coparcenary Analysis

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    approves the meaning of the Daya which is a coparcenary property because according to him‚ sons can divide only father’s property which has been approved by the learned. Therefore‚ the unique concept of coparcenary is the product of ancient Hindu jurisprudence which later on became the essential

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    Visiting Professor at the University College of Islamabad. He wishes to thank Professor Imran A. K. Nyazee and Salman Farooq for their comments on this article. He remains responsible for the views expressed and any errors. 1 Edgar Bodenheimer‚ Jurisprudence: The Philosophy and Method of the Law‚ (Cambridge: Harvard University Press‚ 1974)‚ at 439–43; Peter Wesely-Smith‚ „Theories of Adjudication and the Status of Stare Decisis‟‚ in L. Goldstein (ed)‚ Precedent in Law‚ (Oxford: Clarendon Press‚ 1987)

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    Not Guilty by Reason of Insanity: A Look into the Insanity Defense On Friday‚ March 3‚ 1843‚ the trial of The Queen v. Daniel McNaughton (West‚ Walk 12) began. The verdict of this trail changed the way the civilized world views the criminally insane. People who were criminally insane went from being viewed as evil and wild beasts to people who could not be held accountable for their actions at the time of the crime they committed. As time progressed‚ the insanity defense became an acceptable

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    democratic society like South Africa‚ where equality and human dignity are fundamental concepts our society is built on. The assumption that the law in some way reflects unequal power relations between men and women is central to most feminist jurisprudence . All feminist thinking has a political aspect that engages ideas as to how things "ought to be" in an ideal world . It is therefore necessary to describe what exactly postcolonial feminism advocates‚ and how this can be applied to the Bhe case

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    ACJHR

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    1. Introduction The African Court of Justice and the African Court on Human and People’s Rights were merged by virtue of the Protocol on the Statute of the African Court of Justice and Human Rights into a single court. African Court of Justice and Human Rights which from now on‚ in this paper will be referred to as the ACJHR. I will look at the formation of the ACJHR‚ its development‚ the criticisms‚ the functions and so forth. 2. Formation of the African Court of Justice and Human Rights On

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    religious conviction in this world and the goal of divine favour in the world to come. Muslim Family Law (MFL)‚ which includes all matters of inheritance for Muslims‚ is an integral part of a rich‚ complex and highly sophisticated system of Islamic jurisprudence (commonly known as Shari’a) that can be traced back to the 8th and 9th centuries C.E.Sharia is the fundamental religious concept of Islam. Significant theological and jurisprudential differences existed from the very beginning not only between

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    The manner in which the judgment ignores the inconsistencies in the testimonies of Bharathi Mandal‚ the maid servant and the improvements in the statements of Dr.Dohre are in gross derogation of the tenets of criminal jurisprudence. The prevarications in the statements of maid servant casts serious doubt on the proposition that the door was latched from inside‚ thereby necessarily leaving open the probability of outsiders coming in. Also‚ the embellished testimony of Dr

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    immigration policy are “unreviewable” – but rejected that argument. “There is no precedent to support this claimed unreviewability‚ which runs contrary to the fundamental structure of our constitutional democracy‚” the judges wrote. “…Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security‚ neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance

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