expect their government to protect them from foreign and domestic threats without willingly giving up much of their privacy. FISA has illustrated the government’s ability to manipulate the law in order to ensure the continuity of their power. The era post 9/11 has propelled America into a new era where electronic surveillance has moved from individual to mass surveillance. FISA has proven to be immensely effective in respect to the federal government. It is speculated that the FISC has never once denied
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Exploring Research Methodologies: Positivism and Interpretivism Before a researcher can initiate a research project‚ they face the confusion and the range of theoretical perspectives‚ methodologies‚ methods‚ and the philosophical basis that encompasses them all. This seemingly meticulous structure for the research process is in fact aimed toward providing the researcher with a scaffolding’‚ or a direction which they can go on to develop themselves to coincide with their particular research purposes
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AUSTIN’S COMMAND AND SOVEREIGNTY THEORY Positivism : British Theories* The start of the nineteenth century might be taken as marking the beginning of the positivist movement. It represented a reaction against the a priori methods of thinking that characterised the preceding age. Prevailing theories of natural law shared the feature of turning away from the realities of actual law in order to discover in nature or reason principles of universal validity. Actual laws were then explained or condemned
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Post-Traumatic Stress Disorder and the Military Post-traumatic stress disorder (PTSD) is a serious mental health disorder that must be better understood by the military. PTSD‚ battle fatigue‚ shell shock‚ and several other phrases describe a condition that has been observed in war veterans for centuries. In Achilles in Vietnam‚ Jonathan Shay studied veterans of the Vietnam War with PTSD and explained the similarities between these veterans and Achilles in the book The Iliad. PTSD is triggered by
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John Austin was a legal positivist from the nineteenth century who constructed what is known as the command theory‚ which was the idea that the laws were nothing more than a command that “obliges a person or persons to a course of conduct” and a lack of compliance would require said people to receive a punishment (Austin 51). Additionally‚ Austin believed that the law and morality were separate‚ and to discuss the idea of what laws should be does not take away from the fact they are still laws (52)
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Emily Ariel 1/27/2011 LENB 3135 Homework #1 Facts: On July 5‚ 1883‚ Dudley‚ Stephens‚ and Brooks-“all able-bodied English seamen-and an English teenage boy were cast adrift in a lifeboat following a storm at sea. They had no water with them in the boat‚ and all they had for sustenance were two one-pound tins of turnips. On July 24‚ Dudley proposed that one of the four in the lifeboat be sacrificed to save the other. Stephens agrees with Dudley‚ but Brooks refused to consent-and the boy was
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Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands‚ unlike in other significations of desire‚ the one commanding has the power to inflict evil or harm upon the one commanded‚ once the command is ignored. Command and Duty are correlative terms (parang games lang‚ haha!) * wherever a duty lies‚ a command
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A. J. Ayer considered all religious language to be meaningless. He came to this conclusion through his Verification principle‚ which argued that a statement which cannot be verified is meaningless. In Ayer’s own words‚ “A statement is held to be literally meaningful if and only if it is either analytic or empirically verifiable”. He says that a religious utterance may be emotionally significant to the person saying it‚ but it is not literally significant. An example of this would be the statement
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In the context of Jurisprudence‚ the Separation Thesis ideology‚ the view of Legal positivists‚ asserts that while legal and moral obligation are separate and there is no necessary connection between law and morals‚ legal and moral obligation sometimes overlap and it may be necessary to examine the standard of rules as it relates to our obligation to obey them‚ although‚ there is no rule to obey laws. 1 Contrary to the view of Legal positivists‚ the natural law theory denotes that rules of law are
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The Verification Principle is nonsense‚ therefore this statement is nonsense. ‘Talk of God’ is religious language which is defined as any language which describes the beliefs or practises of a religion‚ e.g. Eucharist‚ Mass ect. It can also be defined as any language describing God. E.g. Holy‚ sacred ect. However‚ religious language‚ like anything‚ comes with its problems. The main problem of religious language is that ordinary language cannot get close to God. How do we describe an extraordinary
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