custom term papers

Archive

Posts Tagged ‘law essay examples’

Essay on International Trade Regulations in China

October 20th, 2015 Comments off

china trade lawsOn December 11, 2001, China got the status of the member of WTO. The country gradually liberalized the whole system of foreign trading, as well as proceeded with reducing the range of administrative barriers to the trade. In accordance with the amended Foreign Trade Law of the country, all sorts of enterprises have an opportunity to register for the right to conduct trading. Besides, individual Chinese have also a chance to trade far from the country’s borders in accordance with the Foreign Trade Law.

Licensing and Quota Control

Starting from 2005, all the requirements related to the licensing and quota have been excluded from almost all imports. Just a certain number of some products are being controlled by the import licensing experts. This year, only two types of commodities – electronic and key-used mechanical products and ozone depleting substances, are controlled by the import licensing experts.

The representatives of the MOFCOM, as well as the rest of adjacent State Council departments, hold responsibility for amending, generating and publishing of the electronic and mechanical products catalogue. The imports of these products are not being the subject to prohibition. For purposes of the analysis of import, the country implements import licensing system that works automatically for some of the electronic and mechanical products that will be freely imported.

Trade Labeling and Description Requirements

All goods that are now sold in the country must be labeled only in Chinese language and have detailed description of the specifications of the content, as well as the production date, the principles of application and the date of expiration. Besides, there should be provided explanatory warnings regarding the use of the products. The country has adopted a special labeling system that must help its experts to deal with the management of the GM agricultural bioproducts. Each of them must be labeled accurately in case they are to be sold within the market of China.

Customs and Quarantine System

The country has adopted and implemented the ‘quar?ntine inspect?on before customs declaration’ practice within the area of customs clearance. A special inspection seal was stamped to the Export G?ods Clearance Slips and G?od Clearance Slips. The latter are ?ssued to the products that are the subject to the entry-ex?t quarantine and inspection. The Customs are required to examine as well as release all the products against the Exp?rt Goods Clearance Slip or the Import Goods Clearance Slip that have been issued by the quarantine author?ties and entry-ex?t inspection experts.

The country also uses a special system of the so-called pre-shipment inspection for the wastes that have been imported as the raw materials. According to the rules, all wastes should properly measure up to the standards of the country’s environment protection. Besides, they must be inspected by the organization that is recognized and trusted by the Quality Supervision Administration right before the shipment.

In general, the country has a complex system of governing the local standards of food and products inspection. However, the management is required to ensure the best quality and safety of goods.

Sample Essay on Utilitarian Theories by Jeremy Bentham

September 24th, 2015 Comments off

Jeremy BenthamWhen the conversation flips to the utilitarianism, the history of philosophy distinguishes it as one of the most persuasive and powerful approach to what is called ‘normative ethics’. Although the term of ‘utilitarianism’ wasn’t fully articulated right until the nineteenth century, a wide range of utilitarianism positions could be observed from the very rise of ethical theory.

A great number of varieties of utilitarian theories have been discussed widely, but, generally, utilitarianism is associated with the following view: a particular morally right action is the one that is crowned with the most good. Although these definitions may vary among the philosophers, the ones produced by Classical Utilitarian Jeremy Bentham deserve particular consideration.

According to Bentham’s theory, ‘the good’ is the synonym for ‘pleasure’, which means the philosopher was the hedonist about value. He also held on to the belief that human beings ought to maximize the good, i.e. to bring a huge amount of good for the greatest number.

His famous theory holds that we all are ruled by two kings of our lives – pain and pleasure. We are looking for pleasure and do our best in order to stay away from pain, philosopher said. Based on his views, ‘two sovereign masters’ govern humans in all they say, or do, or even think.

Jeremy Bentham also propagated the utility principle as the basic standard of right action on the side of people and governments. His theory states that actions are approved only when they have a tendency to cause happiness, and disapproved when they are such as to promote pain. Throw in a view that people are supposed to exert every effort in order to promote happiness in every aspect of life, and what you got is a significant inconsistence with psychological egoism.

In Jeremy Bentham’s theory, any action that confronts to the utility principle is never wrong. What is more, it ought to be done, or at least there are no obstacles for it not to be done. However, the reformer doesn’t use the word ‘duty’ in this case. To his/her mind, duties are rights, the notions of the legal nature related directly to the notions of sanction and command. Talking about natural duties and rights suggests a law with no legislator and besides, it is irrational just like talking about a daughter without her parents. In addition to the theoretical considerations, the philosopher also condemned the belief in natural rights on account of the fact that it inspired bloodshed and aggression, as it happened during the Revolution in France.

By means of the criteria of duration, intensity, proximity, productiveness, certainty, extent and purity, Bentham reviews the punishment concept, as well as when this very punishment should be used in order to create more happiness and pleasure or pain for people. Instead of repressing the acts of violence, the philosopher points out that some of the unnecessary punishments and laws could eventually cause more dangerous acts than the ones being punished, as well as requires the legislators to properly measure the pains and pleasures that are associated with any kind of legislation and to generate laws to provide the greatest good.

Categories: Samples Tags: ,

Sample Essay “Natural Law vs Positive Law: Human Nature vs Social Justice”

September 3rd, 2015 Comments off

law schoolThe very moment the founders of America set foot in the ‘promised land’, they had a detailed plan on what kind of government they would like to set. They were fully aware of the fact that arbitrary power and monarchy were really far from what is called freedom. Keeping that in mind, they decided to found the republican type of government that would be based not on the ‘positive law’, but on the ‘natural’ one.

To make it clear, let us clarify what the ‘natural law’ is. The notion is based on the premise that the rights of the human beings are given by Lord or nature and are absolutely inherent to everyone. As for the ‘positive law’, it begins with the belief that all our rights come from the representatives of the government, the members of the society or the other men. Besides, ‘positive law’ believes that these very rights can be taken back any time. ‘Positive law’ is the concept that social justice is based on. It tends to generate artificial equality by means of force and strict regulations. This in turn conflicts with the human nature. In other words, any law that has been created by a human being will always go against the ‘natural law’ that originally comes from the human nature.

With vivid memories about the sufferings and pain caused by European monarchs, the USA founders created a government with the foundation made of ‘natural law’. Thus, they had an oopportunity to establish Constitution recognizing that human beings are free to exercise their natural rights. Moreover, one of the first purposes of the US government was to keep the natural rights under solid protection. The Constitution was the very tool that prevented the representatives of the government from trampling natural rights in order to reach their money-oriented goals.

In ‘positive law’, it is the government representatives that decide what is right and what is wrong, and who should be the one to blame. This is where our rights are at risk and the things are usually go all wrong since the nature of human beings is absolutely inherent.

Now we can talk more precisely about the ‘natural law’ requirements. The only case when it curtails people’s rights is when these people violate natural rights of the others. When the situation occurs, the so-called due process is used in order to set the most reasonable punishment.  But the problem is that in a society, where routine is based on ‘positive law’, the government may deprive the guilty individuals of their liberty, property and even rights to reach some greater social needs. That’s what we see in our everyday life, all over the globe. The governments take away our freedom in the name of some phantom ‘social justice’, which is non-constitutional.

More than once, the Progressives made an effort to go back to the old ideals of the founders in order to guarantee equality as well as social justice by means of the law force. However it goes against the ‘natural law’ principles. While we all are created equal, we are not going to equally achieve. Taking away something from one individual in order to create the so-called ‘equity’ means to cause a real warfare between classes as well as undermine human’s liberty.

Categories: Samples Tags:

Essay on the Positive Law and Economics

August 28th, 2015 Comments off

person writingThe term ‘positivism’ is used in the area to describe a range of universal specific methods that are exclusive to various disciplines. The so-called positivism in the segments of law and economics isn’t the same. What is more, its fundamental assumptions are completely different.  We make sure to use the words ‘positive’ and ‘positivism’ in order to discuss the nature of law or a special method to study this law.  Talking about the positive law means to describe the society legal rules just the way they are established, rather than we may think they are supposed to be. At the same time, legal positivism is also about the studying of the law of society that is scientific to some extent.

Legal positivism tends to be related to a set of theories that law comprises a range of rules that are generated by the sovereign, rather than from one of the higher places. For instance, a legal positivist is absolutely sure that law should be separated from what we call morals. However, some of the legal positivists make certain to treat moral statements as some special social conventions that may one day turn into the legal rules. The positivist, who is engaged in studying the society law, will most likely find it extremely important to study the society morals as well. However, he/she will deal with this study not in a normative, but in a scientific way.

Economists tend to make use of the term ‘positive’ in order to discuss economic analysis not as normative, but descriptive. According to the positive economic analysis, when there are some premises, A, B, some conclusion C will definitely pop up. For instance, a positive economic analysis proposition may be the following: ‘In case domestic manufacturing appears to be uncompetitive, certain quotas on overseas imports will result in higher prices.’

When the matter concerns positivism in law and economics, it is necessary to say that positive economic analysis of law always tends to identify a legal rule and later provides some descriptive statements regarding the possible economic effects of that very legal rule. For instance, the statement ‘predatory pricing anti-trust law forces some of the leading organizations to set inadequately high prices’ is related to the positivism in both segments – law and economics. First of all, one should distinguish the legal set of rules against the greedy pricing, a typical exercise in legal positivism methodology. Next step in such case is to identify the effect of the legal rules mentioned above on the organization’s incentive, as well as the follow-on effects on the locative efficiency, the economic positivism methodology application. This mixture of economic and law positivism can be also traced in the economic analysis of legal institutions like juridical opinion, legislative process, courts, as well as the rules of the civil procedure. In this case, the positivism law and economics researcher exert every effort to identify the range of institutional constraints regarding the legal making of the rules, as well as to generate an economic theory that gives an explanation for the effects of such constraints.

Essay on Legal Ramifications of Littering

August 14th, 2015 Comments off

people litteringBefore we proceed to the legal ramifications of littering, let us make it clear regarding what littering is. Litter is a sort of rubbish that has been improperly disposed, at wrong location and usually without any consent. In other words, littering is about throwing away various objects on to the ground instead of putting them into the recycling or garbage bin. In general, any kind of waste from factories, private houses or industries must be placed either in the waste to energy plant or in the recycling bin. All the other cases are simply illegal. Although the fines may vary from state to state, as well as by county and by city, people will definitely be charged in case they are caught littering.

Among the ramifications that are caused by littering, it is important to point out that litter can become the cause of serious accidents. All that is required for the accident to happen is just some trash thrown on the road. Whether it’s because some driver accidently drives his Mercedes over some wooden crate on the road or some other person swerves his Toyota in order to avoid the trash, a car accident can be caused by littering on the road. And car accidents, as we all know, cause severe injuries and even deaths.

The wildlife suffers greatly from the littering, experts say. Animals may simply get trapped or even poisoned with a variety of litter. The filters or butts from cigarettes are pretty dangerous for the world of wild creatures. What is more, they have been found in the stomachs of whales, fish and birds, who have thought that it was just a kind of food. In addition, the fluffy ones can get serious discomfort and trapped in the rubbish. For instance, the plastic that we usually make use of in order to hold beverage cans together can simply get wrapped around the necks of the animals and cause the suffocation. And finally, animals can be harmed by broken glass found here and there in a grass.

Illegally dumped rubbish can pollute the air we breathe, leach into water we drink and contaminate soil. The most hazardous in this group are the tires that can smolder for a long period of time when burned. Nowadays, thirty eight states in the US have relevant laws that ban the deposition of the whole tires in landfills.

Undoubtedly, litter can be quite hazardous. Discarded goods, sharps waste as well as pathogens caused by litter can become the number one cause of accidental harm to people.

As for the economy segment, litter carries pretty extensive cost to the area. For instance, when the question is about the United States of America, the litter cleaning usually costs hundreds of dollars for one ton that is almost ten times more than the trash disposal cost. If you really want it to stop, set a good example yourself. Stop littering now and make sure to encourage your family and friends do the same. A really good food for thought, don’t you think?

Corruption Essay Sample: Corruption – One of the Wicked Sins

June 30th, 2015 Comments off

There’s no doubt that nowadays corruption is one of the most undesirable sins that is here and there like a silent monster waiting for mere mortals. This is what the majority of people consider to be God of modern society. It is not an exaggeration to say that corruption has not only led to the poor law, but also caused such unpleasant things like poverty and general society disability. In other words, all the values related to morality have been destroyed by this evil power. But what is even worse – corruption is still growing every single day in huge proportions and there is no sphere in politics, economics or society that is free from it. It seems like it is an integral part of an everyday life and simply inseparable…

Under every stone we pick up, behind every closed door – corruption can be seen everywhere. Thus, it is a shame that we accept and for some unknown reason deny thinking that it’s a part of our selves already.

It’s not a secret that human beings’ souls are full of various temptations. That’s our nature, after all. And in fact, cash and shiny gold is a sort of a bait for all those officials and politicians, who can’t imagine their everyday lives without bribes any way. They are simply in need of something in order to get rid of that itching on the hands. However, the stink lies in the very hypocrisy that usually accompanies it.

There’s nothing more disheartening than when an absolutely corrupted individual is talking about high moral standards after taking a huge bribe and is trying to make people live in accordance with the ideologies and principles of Jesus Christ, and always remain honest. However, all the politicians, ministers and officials do exactly the same. They have a solid belief that it’s how our life is arranged and their routine is simply impossible without the incurable disease called ‘corruption’.

It’s so sad that just like some evil character from the book, corruption is getting into every aspect of our life. There are more and more greed addicts that exert every effort in order to push humanity into a decadence era. Every member of our society nowadays – be it a judiciary individual or a government representative – all are longing for personal profits.

Only energetic youth can be that huge power that can actually destroy the corruption. It has enough will and strength to attach with full force the government that is feeding this ‘tumor’. Without a doubt, it is the right time to bring the positive reforms out, so that every society member not only dream but also does his best in order to develop the world that is not only a good place to live but also absolutely free from corruption.

Police Brutality Essay: Is It Possible to Fight Police Brutality?

June 30th, 2015 Comments off

Recently there have been a great number of controversies regarding the cops who happened to be involved in dirty cases related to killing innocent Afro Americans or teenagers. Here and there – everywhere on the globe one can see how brutally the representatives of the law interact with the members of the society and how unfair it is that more often than not they remain unpunished. How to fight police brutality? Is there any chance to stand against the injustice? There is.

Do not hesitate to protest

City halls, police stations and all the other venues of the government should be marched on also protested against every time there is a case related to the brutality of the policemen.

 Recording the police is a must-to-do

The individuals must use their cameras every time the policemen harass them to them in the act. After that one may make use of the web and various media in order to expose these actions all over the globe. What we need to do is to fallow the police with a camera and record their actions. Due to the fact that the cameras are really cheap now, everyone can afford buying them, which means it is a lot easier to hold the policemen accountable for what they dare doing.

Vote out the representatives of the government who do not mind policemen brutality

Every politician, who condones police brutality, should be immediately vote out of his position. His office is not the place, where he should wear out his pair of pants. This is where he should focus on documenting police brutality. People must have a strong voice in their own country and make use of that voice to handle the problems in every community.

Interacting with police is crucial

It is highly recommended to use moderate police organizations in order to engage in dialogue with police to avoid brutality. The groups that focus on these activities have already done a lot to fight police brutality. And we all must collaborate with them as an intermediary to handle various community issues related to police.

We should take legal actions against brutal policemen

We have the right to take legal actions against police. The best way to fight the brutality of the policemen is only through hitting them directly in the pocket. The point is that if the policemen go on getting sued for their brutal actions again and again, they will be finally forced to face with the issue. That is why it is highly important to report every incident related to the police brutality to the media or the representatives of the government.

To come to the point, we all pay taxes and it means that we add it up to the police salaries. And what it comes down to is that policemen must serve the community, protect it and meet its demands. And as for us, it is not enough to get angry at policemen. We must take a step from anger to actions in order to stop all the cruelty in the future.

Criminal Justice System Essay

November 7th, 2009 No comments

Over the last twenty years “we have had considerable impact on the advancement of victims’ rights, expansion of services for victims and upon government policy”. I agree with that statement.
Until about thirty years ago, the rights and interests of victims of crime were given little recognition. Since then, the change has been steady and significant.

The Parliament of South Australia has legislated to confer rights on victims. The Criminal Injuries Compensation Act, and provisions in the Criminal Law (Sentencing) Act relating to victim impact statements, are two notable examples.

As well, the various arms of the Executive Government involved in the administration and application of the criminal law have made a real effort to recognise the interests and rights of the victims of the crimes with which they deal. I refer here to the police, to prosecutors, and to correctional services in particular. The courts also have become more attentive to the interests of victims, and quite apart from the changes in the law to which I have referred, have become much more attentive to the fact that for nearly every crime there is a victim, and that that victim has a legitimate interest in the process by which the court deals with that crime. Read more…

Prostitution Legalization Essay

September 14th, 2009 No comments

Many people argue that selling their own bodies in terms of sex, or in other words prostitution or sex work, is considered immoral. They also say that practicing it can be very risky for the health of the prostitute. This is true, but only in the case when prostitution is illegal. Thus, prostitution is a very controversial issue, because some people believe that it should be legalized, while others oppose it bitterly. Although many people think that that prostitution should not be legalized, I believe that it should be legalized for a number of reasons.

As we all know, different people have different views of morality. Some people believe that prostitution is immoral, and therefore it should not be legalized. These people say that prostitution is demoralizing and humiliating to a woman’s self-esteem. Such people also believe that prostitution is an “unethical and illogical practice in itself.” Women are human beings and “should not be treated as material objects of trade” (Nikiforakis, interview). However, as Pippa Holloway in her book review Regulation and the Nation: Comparative Perspectives on Prostitution and Public Policy found in Journal of Women History 202 Spring points out, “Enclosing brothels in particular parts of the city and monitoring them would help protect morality and the social order.” Read more…

Law and Religion Essay

September 9th, 2009 No comments

Religion and the intent if the framers, wow this debate has taken shape and has caused many hours of deliberation by Constitutional scholars over the years. I am no Constitutional scholar yet I feel that I have a fairly tight grasp on what they indeed hoped and prayed for while they were drafting the Constitution. Now if you paid close attention to the last sentence you should already have an excellent idea as to where I am going with this analysis…

OK now that you have reread the previous sentence you caught that I said that the framers prayed during the construction and deliberation of this great document. So what was prayer to them – and more important what is Religion, and for that matter what is freedom to do both?

The following words are defined in the Webster’s New World Dictionary as follows:
• Religion – belief in and worship of God or Gods
• Freedom – a being free, independence, civil or political liberty, a right or privilege Read more…