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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?

Legalization of Same-Sex Marriages Essay

June 30th, 2015 Comments off

gay marriageWhile a lot of people nowadays tend to shout here and there about the importance of the same sex marriages legalization, it is highly important to stop for a moment and ask ourselves – should the same-sex couples be provided with an opportunity to get married?

There are two basic reasons why legal responsibilities, rights and benefits of a civil marriage shouldn’t be extended to the gay couples.  First of all, these people cannot get married since the relationship they have cannot be called “marriage”. In other words, they don’t fit into what we call the minimum required condition for a typical marriage to exist – i.e. the union of a woman and a man.  And the second point is related to the fact that these relationships are of a harmful nature. What is more, they bring more negative consequences to the society. So, what are the key reasons why the legalization of same-sex marriages should be put off for good?

Same-Sex Marriages Violate the Law of Nature

When we talk about the marriage, the matter does not relate to the relationship between people only. It’s the relationship that is governed by the natural law.  The latter is applied to every human being. According to Saint Paul in Rom. 2:14-15, “the natural law is inscribed on the heart of every man”.

Gay Marriage Creates a Sterile Union

Individuals, who are engaged in same-sex marriages, prevent the birth of children since they compose a so-called “sterile” union. In case one of the partners wants to have a child, he or she should employ a surrogate mother. The natural tendency of this kind of relationship isn’t to “give birth” to new families. Thus, we cannot call it a true marriage as well as give it the benefits of traditional family.

Gay Relationships Offend God

This is probably the most significant reasons above all mentioned above. When a human being violates the moral order of life that was created by almighty God, he or she offends our Creator. Same-sex unions do that. In other words, any person, who loves God, must be against the gay relationships.

Marriage was created for Eve and Adam by God in paradise. The Book of Genesis says the following: “G?d cre?ted m?n in His im?ge; in the Divine im?ge he cre?ted him; m?le and fem?le He cre?ted them. G?d bl?ssed them, s?ying: ‘Be fertile and multiply; fill the e?rth and subdu? it.’” (Gen. 1:28-29)

And finally, the legalization of same-sex marriages imposes its acceptance on the whole community. With the new order and law peculiarities, the public schools are required to teach the acceptance of the gay relationship to kids, while the official establishments will have to punish anyone, who turns to be against it. In any situation, the legalization of same-sex marriages will affect society, which means a lot of people will have to betray their consciences and beliefs and will be faced with the necessity to act against the natural law.

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…

Essay on Law Systems

September 1st, 2009 No comments

There are two main law systems in the world: Common Law System and Civil Law System. Common Law System is established and developed from England, and most of the British colonized countries, such as Australia, New Zealand and a majority of states in USA inherited it. Civil Law System, on the contrary, came from France and Dutch. The main difference between these two Legal Systems is their trial methods, the adversary system is used in Common Law System and Civil Law System takes the inquisitorial system.

In simple words, the adversary system is a dispute; on the other hand, the inquisitorial system is an inquiry. For example, the judges’ role is quite dissimilar in the two trial methods, under the adversary system, the judges act as a truth checker, his duty is to ascertain the evidence which provided by the parties, and according to the related law, make a decision beyond the ready evidence. However, magistrates in the inquisitorial system have to get the evidence by themselves or from the appointed departments, to some extent, they have more power than the judges in the adversary system, they are able to control the whole trial method. As two trial methods exist in the same world, it can not be avoid being compared with each other, in my point of view, the adversary system is more efficient. Read more…

Law of E-Commerce Essay

August 25th, 2009 No comments

The intention of this essay is to examine the following statement: “The regulation of electronic commerce is not an issue for National or even European legislators. The issues are global and they must be regulated at that level. This can only be achieved by self regulation.”

In order to discuss the regulatory issues of e-commerce clearly, I would like to explain the nature of electronic commerce first. In my opinion, “electronic commerce” is used to refer to commercial transactions using the internet and other web enabled technologies, including WAP, other mobile telephony systems, and interactive digital television. E-commerce is a vibrant and rapidly expanding area of business, initially created in the US but increasingly extends to the whole world.

These new forms of business transactions provide enterprises, particularly SMEs (small and medium enterprise), the opportunity to do business with anyone, anywhere and at any time. Electronic transactions may be completed automatically and with no human intervention. On the other hand, it could also threat the trust between business and consumer if without human intervention. Read more…

Essay on Jim Crow Laws

August 20th, 2009 No comments

The year 1896 was the time that the Untied States of America came down as a whole. Many people were hurt and confused by the Jim Crow laws. These laws were established in order or keep the blacks and whites separated in public places. Jim Crow laws made a huge impact on society in the 1930’s.

On May 18, 1896, the U.S. Supreme Court considered the idea of “separate but equal,” which was the base of the Jim Crow laws. This was the case of the Plessy versus Ferguson.

The United States Constitution did not allow many types of discrimination such as black people being mistreated. Therefore, the states worked around the rules to include Jim Crow laws without disobeying the United States Constitution. This made African Americans considered as the “lower class” citizens. Many people were judging the blacks because of their skin; they were not respected as human beings. They were also not entitled to vote in some states, take literary tests, or poll taxes. All over the South, “white” and “colored” signs went up. Trains, buses barber shops, schools, and other public places were segregated by law.

All black people were separated from the whites when using public transportation. To sit on a public bus was an immense ordeal because the black people had to sit in the back seats while the whites in the front. Martin Luther King and Rosa Parks are few of the many people who wanted to stop the racist segregation. Read more…

Defamation Law Essay

August 17th, 2009 No comments

Defamation law is our legal system’s attempt to reconcile the mutually incompatible interests of freedom of speech and protection of reputation. In the modern” information age”, a third interest must also be recognised – that of the public receiving accurate information from the mass media. This seems like a relatively straightforward concept. In reality, the application and interaction of Australian defamation law only unleashes a barrage of complex questions. This can be emphasised through an analysis of the John Marsden defamation case.

In theory the law of defamation does have an honourable purpose. There has been much discussion about the intention of defamation law and its underlying aims and objectives. The matter has been put to rest by the High Court describing three purposes of granting damages in a claim of defamation: “ The three purposes are consolation for the personal distress and hurt caused to the appellant by the publication, reparation for the harm done to the appellant’s personal (if relevant) business reputation, and vindication of the appellant’s reputation.” However, in practice Australia’s defamation laws do not function well. In fact, it has been claimed that “ its main effect is to hinder free speech and protect powerful people from scrutiny (Martin, 1998, p 107). Read more…