Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence‚ specific deterrence‚ rehabilitation‚ incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves‚ regardless of the consequences d. Theory of Retributivism: look back
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of Canadian obscenity law has been called “the most muddled law in Canada.” Recognizing that consistency and objectivity are important aspects in the running of any successful legal system‚ the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a "moral-based" offence to a "harm-based" offence. The courts are now asked to determine‚ as best they can‚ what the community will tolerate
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Part A. 1. Conditions that give rise to law reform Changing social values: The values of societies change over time. Society is forever changing values which then place’s pressure onto the law to change and adapt over time. What is seen as as acceptable may not be considered acceptable at another time. The urge for tougher sentencing in law reform may satisfy the deserved aspects of punishment‚ but harsher penalties are not statistically shown to reduce crime rates. Thus in seeking to promote social
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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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Laws of War The term "laws of war" refers to the rules governing the actual conduct of armed conflict. This idea that there actually exists rules that govern war is a difficult concept to understand. The simple act of war in and of itself seems to be in violation of an almost universal law prohibiting one human being from killing another. But during times of war murder of the enemy is allowed‚ which leads one to the question‚ "if murder is permissible then what possible "laws of war" could there
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Anti-Discrimination Laws Related to Employment BUS 670 Legal Environment of Business January 7‚ 2013 Administrative Assistant (Ft Worth‚ TX) In search of a full time administrative assistant. *About us: Partners in reading are a company that was established in 2000. We provide children with one on one reading support. In a structured environment that is web based the curriculum engages our students. This program also provides basic building blocks to supplement the children’s
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The rule of law is a legal maxim stating that no person is above the law‚ that no one can be punished by the state except for a breach of the law‚ and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law‚ a feature of Roman law‚ Nazi law‚ and certain other legal systems. Albert Dicey British jurist A. V. Dicey popularised the phrase "rule of law" in 1885. Dicey emphasized
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brought many different ideas into America about firearm laws. Our founding fathers wrote this in the Bill of Rights under the Constitution. This Second Amendment allows for citizens of the United States to bear‚ obtain‚ or own‚ firearms such as handguns and/or long guns‚ at least that is what most Americans believe. Gun laws are scrutinized‚ then passed or rejected; this has been happening for decades. When it comes to firearms‚ America has some of the most lenient policies that lead to many violent
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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This assignment will consider the differences in Civil and Criminal law. It will explain the roles of solicitors‚ Barristers‚ Judges and Magistrates. It will also critically look at the features of the European Court of Human Rights 4Civil law is a private law.it settles matters between two individuals and organisations. It still has the roman standard in many countries because it was originated from the Roman law. The end result is mostly damages in civil law. Example of civil cases includes
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