Common Law Protecting Human Rights and Punishing Criminals

Overall, in the process of understanding the relation between social order and the law, the consensus provides a clearer and more radical view. It shows society as what it really is. It presents society as a united force respecting and following the norms as to

Aristotle once said “At his best, man is the noblest of all animals; separated from law and justice he is the worst. “ Aristotle saw how we as humans were different from other animals; we were able to create these non-existent rules for humans to follow without question. Laws help shape the society we live in, whether they are positive or negative, our morality can come into play when faced with a troubling situation, why should words on paper dictate what we can and cannot achieve? Why is parchment more credible than the humans’ testimony? Should Gods sway the way laws work? These questions are all important when dealing with the creations of rules and regulations.

As years goes by, society’s morals and values changes which depicts that the law is also changing to fulfil the same morals and values with society.

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

All the rules created in our lives have risen from ethical and moral beliefs set up in our individual cultures. These norms have been separated into two distinct categories appropriate and inappropriate behavior, and they are placed into these categories by societies accepted standards. Grana also talks about three types of bad behavior: criminal (criminal courts/public wrong), tort (civil courts/private wrongs), and ethical (No court/violations of moral or religious codes). The laws that deal with these issues besides the constitution which I didn’t know about are UCMJ law and tribal law. These two were created for specific situations. He also spent time talking about the differences between civil and criminal

Human civilization marked the beginning of modern day legal systems. The advancements in societies resulted in maintaining certain rules and regulations to continue this progress. Every society has its own set of laws which are in some ways distinct from others. Many of these laws have common sections and underlying guidelines. This could be because some societies decide to retain certain aspects of their customs after breaking out of another society. It could also be the case that over time different societies through trade and other intercultural activities developed together, which caused them to have agreements in their laws. For many others, it is the case that they share a common colonial master. The law and legal systems operating today are derivatives of the forms listed above.

The authors talk about the laws and history as shaping the moral views of society, those who are in authority get to dictate what is right from what is wrong. The system is base on what those in power determine is the moral rule.

Therefore, only the external force of social order contains some aspects of desire. In addition, the norm itself restricts choices if they impede the formation of social relationships healthy to the development of the community in particular social structures, namely, if the values under certain social structures do not allow the flexibility to generate new procedures or to improve the current ones. Substantive law based on authoritarian values is an example. On the contrary, normative control opens up opportunities if it allows for flexible procedures in accordance with the realization of individual potential and the development of healthy social relationships, and if it leaves room for adaption of the procedures to changes in social structures. Rational legal order is an

The European Convention on Human Rights. Exactly what is it and what are its aims? Its an international treaty which only member States of the Council of Europe may sign. The Convention lays a basic groundwork of all rights and guarantees which the States have to be held to. These rights include the freedom of though, expression, conscience, religion, effective remedy, peace enjoyment of possessions, and the right to vote and to stand for election. However, there are some limitations within these rights that need mentioning: Qualified, Absolute and Limited Rights. Absolute rights refer to the prohibition torture and inhuman and degrading treatment (Article 3). The State can never withhold or take away these rights. Limited rights, such as the right to liberty (article 5) may be limited under explicit and finite circumstances. Qualified rights are those which require a balance between the rights of the individual and the needs of the wider community or state interest. These include the right to respect for private and family life (article 8), to manifest one’s religion or beliefs (Article 9), expression (Article 10), freedom of assembly and associations (article 11), the right to peaceful enjoyment of property (protocol 1, article 1), and to some extent, the right to education (protocol 1 Article 2)

Initially, laws are difficult to design because lawmakers can’t think of every possibility, every scenario, and every obstacle that may present itself in the democracy. Despite these difficulties, laws keep society together and provide unity for the citizens. Advantages for creating laws, include, but are not limited to, providing direction for the collection of taxes, declaring clear expectations for compliance and punishment of citizens and elimination of chaos.

If criminal law in any society represents social consensus or agreement, it is called consensus perspective. Whether the person’s behaviour is criminal or not the society will go through various talks, share fundamental values and people will reach to an agreement. Due to different cultures, religions and customs the fundamental values of the societies differ. Therefore, according to consensus perspectives some behaviours are criminalized but other are not and on the same perspective one’s behaviour criminalized in one society is decriminalized in other societies.

This research essay addresses the issue of legal development regarding the establishment of the rule of law in contemporary China by championing the idea that Chinese traditional conceptions of law have been hampering such legal development. For the purpose of this essay, the rule of law is a procedural device which represents the supremacy of law over every man, and derives governmental powers limited by the law in order to protect its citizens from the arbitrary and capricious exercise of abuse of authority. It is a Western concept that should apply automatically to all, cover all areas of life, and have judicial enforceability without any interference from other social institutions related to tradition or politics.

The legal culture is a national, regional or national basis in certain social and material conditions, the state power by the creation of a common legal system constraints and determine the status of the legal system of values and attitudes in the whole society and culture. Thus, each country has its own unique legal culture. By selecting the most typical American and Chinese legal cultures of two different aspects: the legal standard, comparative analysis of legal values, and to explore the reasons for this difference, so that we not only recognize the legal and cultural differences between the two countries, but also to see their outstanding achievements and shortcomings of legal culture.

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

And so it helps the Government in formulating suitable laws. In pursue its economic and social policies for e.g. law and legal propositions are not find or absolute. They are in the state of becoming. Accepted norms or principles whether statutory or as principle of justice, equity and good conscience are applied again and again to test its voracity or