The Legal Systems Of The World Law Example For Free - Free Essay Example

Sample details Pages: 4 Words: 1099 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? I truly believe that our modern society needs Law. Laws are guidelines that set out appropriate behaviour, so we are required to follow this system of rules, in order to keep everything balanced and stabilized. Without the fulfillment of these desired tasks, man simply will become equal to animals or worse still, allow their darker sides to emerge and control their lives. Don’t waste time! Our writers will create an original "The Legal Systems Of The World Law Example For Free" essay for you Create order Legal Systems of the World For this purpose every country has a certain system that the all citizens are required to obey: up to date there are about two hundred countries in the world and each of them makes its own Legal System that is based on certain characteristics and factors of the country. The Legal System consists of certain laws and rules that shape the citizens morality and behaviour in the society. There are many academic terms describing what legal system is but from my point of view the best one is the description by J.H Merryman: The three most widespread Legal Systems are: Continental Law Legal System, Common Law Legal System and Religious Law Legal System. Each of these legal systems is unique and has its own specific features and individual structure. Lets take a brief look on each system and see how systems differ from each other or discover their similarities. Common Law Legal System History, sources and structure The common law system prevails in Britain and its former colonies, including Australia, Canada, and the United States. Traditionally, the common law system, as the name implies, was governed not by a code, but by court-made law that developed incrementally over time. It is different from the civil-law system, which is introduced mostly in Europe and in areas colonized by France and Spain. The body of decisional law based largely on custom as declared by English judges after the Norman Conquest of 1066. The common law doctrine of following precedent, known as stare decisis remains an important component of both the English and American legal systems today. English common law was based primarily on custom, tradition, and precedent rather than a formal written legal code. Over centuries of experience, the common law became the major influence on the development of American criminal law both before and after the American Revolution. After the Revolu tion, the common law continued to be the basic law of most states. However, today almost all common law principles and rules have been enacted by legislative bodies into statutes with modern variations. ). One of the interesting characteristics of the system is that the common-law system allows judges to look to other jurisdictions or to draw upon past or present judicial experience for analogies to help in making a decision. This flexibility allows common law to deal with changes that lead to unanticipated controversies. Civil Law Legal System History, sources and structure and developed in Continental Europe and around the world. It is divided into two branches: the codified Roman law and uncodified Roman law. The Differences and Similarities between the Legal Systems Common law and civil law legal systems share similar social objectives: individualism, liberalism and personal rights. A major difference between the civil law and common law is that priority in civil law is given to doctrine over jurisprudence, while the opposite is true in the common law: it finds in judge-made precedent the base of its law. The civil law doctrines function is to draw from cases the rules and the principles which will clarify and purge the subject of impure elements, and thus provide both the practice and the courts with a guide for the solution of particular cases in the future. The common law author focuses on fact patterns. He or she analyzes cases presenting similar but not identical facts, extracting from the specific rules, and then, through deduction, determines the often very narrow scope of each rule, and sometimes proposes new rules to cover facts that have not yet presented themselves. Common law jurisprudence sets out a new specific rule to a new s pecific set of facts and provides the principal source of law, while civil law jurisprudence applies general principles, and that jurisprudence is only a secondary source of law of explanation. Civil law judgments are written in a more formalistic style than common law judgments. Civil law decisions are indeed shorter than common law decisions, and are separated into two parts the reasons and the order. This is because civil law judges are especially trained in special schools created for the purpose, while common law judges are appointed from amongst practicing lawyers, without special training. The method of writing judgments is also different. Common law judgments extensively expose the facts, compare or distinguish them from the facts of previous cases, and decide the specific legal rule relevant to the present facts. Criminal Law and Civil Law Basic Information There are two branches of law: Criminal Law and Civil Law. That means that when a person breaks any law, he or she may be judged according to what branch of law it is. Criminal Law those laws for redressing public wrongs that injure society in general and Civil Law those laws for redressing private wrongs to individuals.ÂÂ  Civil law attempts to right a wrong, settle a dispute, or honor an agreement. The victim is being compensated by the person who is at fault, this becomes a legal alternative to, or civilized form of, revenge. Criminal law consists of two main branches substantive criminal law and procedural criminal law. Substantive criminal law prohibits certain forms of conduct by defining what acts constitute crimes and establishing the parameters of penalties. Procedural criminal law regulates the enforcement of the substantive criminal law, the determination of guilt, and the punishment of those found guilty of crimes. Criminal Procedure and Civil Procedure Criminal Procedure. The branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted, and punished. Thus, procedural criminal law is the process followed by police and the courts in the apprehension and punishment of criminals from the filing of a complaint by a member of the public or the arrest of a suspect by the police, up to the time the defendant is sent to jail, or, if convicted, to prison. Civil litigation that deals with private disputes between parties is subject to the rules of civil litigation, sometimes referred to as civil procedure. Criminal cases, deals with acts that are offenses against society as a whole, such as murder and robbery, as subject to the rules for criminal law, and is also known as the rules of criminal procedure.

The Relevance of Aristotle’s Poetics to the World Today...

The Relevance of Aristotle’s Poetics to the World Today The Canadian novelist Michael Ondaatje, in his last novel titled In the Skin of a Lion, wrote that the first sentence of every novel should be: Trust me, this will take time but there is order here, very faint, very human (Ondaatje 223). Ondaatje noted that what makes a novel a novel is order or, as that order is sometimes referred to today, plot and structure. It is that structure that we, as both the audience and the artist, rely on to understand and appreciate a work of art. But, even though Ondaatje noticed the order necessary, he did not do what has been done before--offer an explanation, or rather, a definition of that order. Over two-thousand years before†¦show more content†¦In other words, a work of art must contain a single, unified plot. The other two unities that, although not the exact words of Aristotle, can be assumed from his writings, are the unities of time and of place. Based collectively on these three unities, the neo-classical definition of art st ates that a play, or a novel, or any work of art, must have a single plot, take place in a twenty-four hour period of time, and only in locations that can be realistically achieved in the twenty-four hour limitation (Harmon 495). Along these same lines, Aristotle adds that art must have a beginning, middle, and end and must stress the universal rather than the peculiar. The second, and perhaps most well-known of Aristotles theories, is his idea of catharsis. Aristotle says that the tragedy, or, as will be shown later, any type of art must have an emotional effect on its audience and through pity and fear effect a catharsis; that is, by the plays end, the audiences emotions should be purged, purified, or clarified (Aristotle 42). In doing this, the artist must give close attention to diction or language itself, be it in verse, prose, or song, but ultimately, it is the thoughts expressed through language that are of the utmost concern. Now that a few of the major theories of Aristotle have been closely examined, theShow MoreRelatedA Critical Note on New Historicism Essay2751 Words   |  12 Pagesof criticism is termed as Hellenic, means Greek, period of criticism. Plato’s Republic is looked upon as the first critical book in which he expresses the ideas regarding the literary and poetic process. It is then Aristotle who in real sense commenced the critical journey still potent and pervasive. His Poetics has proved an immortal foundation stone of criticism for the proceeding centuries, and it has caloured thoughts and talents of almost all the critics and theorists irrespective of languageRead MoreThe Defense of Poetry and An Apology for Poetry2888 Words   |  11 Pagesholding it to be self-evident. In considering how convincingly Sidney makes his argument, it is important to explore and challenge this premise. Perhaps the best contender for a role of equal value in literature is that of catharsis. Aristotle’s poetics, from which the term first appeared, defines the process of catharsis as using vicarious experience through literature and drama to guide the audience through negative emotions and therefore ‘effecting the proper purgation of these emotionsRead MoreThe Educated Imagination3194 Words   |  13 Pagesenvironment: â€Å"the world as it is.† This language produces conversation. 2. â€Å"The language of practical sense† is our means of â€Å"social participation,† our means of taking part in our civilization. This language produces information. 3. â€Å"The language of literature† is our means of entering the world of imagination: â€Å"the world we want to have.† This language produces poetry, first of all. Science and literature move in opposite directions. Science begins with the external world and adds imagination

The Holocaust Was a Very Important Part of History Free Essays

The Holocaust was a very important part of history. From this tragic happening that we can learn from our mistakes so it or anything close can never happen again. Also someone should have spoken up when they saw people being taken away and never returning. We will write a custom essay sample on The Holocaust Was a Very Important Part of History or any similar topic only for you Order Now Last if someone you knew was hiding and you knew where how could you rat them out, when they did nothing wrong. Hitler was a master dictator that should have been stopped when people saw the wrong in him. Some things we can learn are, that if someone or thing is wrong speak up about it, killing should not go unnoticed, and just because someone is different does not mean they should be treated differently. If someone should have spoken up about what they thought was unfair this whole massacre may have never happened. Killing people is against the law and just because you are a leader doesn’t mean you can kill whoever whenever, that’s just not right. There are also many different races, religions, eye colors, hair colors, and so on. Last if you treat one unfair because of one of their features than everyone should have be treated unfair because no one person is the same. Learning is one of the greatest abilities god gave us and the Holocaust is something we can learn from. How can someone not say something when people they know are being taken away never to return when they have done nothing wrong? That is like robbing a house just because the door was unlocked. You just don’t do that. Even neighbors were taken away for what being different? I myself know that Hitler may have killed you, but it would be for a good cause. Everyone was just scared and selfish, they didn’t care what was happening to the â€Å"outsiders† (Jews, Gypsies, and Homosexuals) all they cared about was that their family was safe. Speaking up is just a little sacrifice you can take to safe peoples lives. Hiding was one of the ways the â€Å"outsiders† tried to protect themselves Gestapo and Nazi’s. Say you know where your Jewish neighbor was hiding, would you tell where they are or would you help them get food? I would help even though it would be risking my own life for inset people that are all the same as you and I. They do not deserve to be treated differently than everyone else. It would be worth all pain and sacrifice to save millions of people. Hiding was one of the ways that Jews had some power in the time of the Holocaust. As you can see the Holocaust will and is a major part of history. There are so many more things that you can learn from this happening. If you see people rising to power and doing things wrong speak out. It would be good for you and the rest of us. Lets hope nothing like this will happen again. For the people, the world, and today no one needs such a tragic occurrence and never will. How to cite The Holocaust Was a Very Important Part of History, Essay examples