Laws Of European History And Todays American Legal System

Even though much of our legal philosophy inherited from Britain and French customs, new laws form, old laws change, and the common law and

Because methods of contraception were expensive and not readily accessible, many pregnancies were unwanted. Therefore women used these excuses as their defence.

Cases of this kind emphasise the tension between two significant policy goals: the child’s best interests, which must dominate the court’s determination as to whether to grant parenting orders, and the prohibition of commercial surrogacy. The former, naturally, prevails. In every published case, the Family Court relied on the evidence tendered by the intended parents indicating the foreign birth mother’s consent to the applications, even where some of that evidence was quite concerning; the birth mother’s lack of interest in parenting the child;and the satisfactory nature of the parenting arrangements achieved under the agreement, in concluding that the best interests of the child were served by making the parenting orders.The earliest published international surrogacy case is Re Mark (an application relating to parental responsibilities). The facts are fairly typical. A couple from Victoria entered into a surrogacy contract under which a woman in California agreed to bear a child for them; the ovum was supplied by an anonymous woman, and one of the applicants provided the

The span of Western Civilization encompasses many notable achievements in legal development. As empires rise and expand, it becomes necessary to create a legal code that standardizes punishment, institutes a form of common law, and protects society from arbitrary abuses of power. These principles were formally established relatively early in the western world, and became the foundations upon which later government institutions created their legal systems. The Code of Hammurabi, the Twelve Tables, and Magna Carta, all represent key moments in the evolution of legal thought and practice. Not only do they show the legal and political direction of the empires, but also the progression of their social values

‘Spies’ surveyed unwed women in congregations for any pregnancies so as to protect communities against their morally corrupting effects. Married women were also monitored for pregnancies so as to ensure that no legitimate infants were abandoned since the concern was only with illegitimate infants. In addition, girls and boys were abandoned in equal numbers by the early 19th Century (Barbagli, P125), which reinforces how the concern was not with the gender of the child but the existence of the illegitimate child itself. As a Catholic country, Italy viewed pregnancy as a primarily female issue since ‘nature conceals paternity with an impenetrable veil’ (Kertzer, P70). This view meant that men were free from the obligations of pregnancy and as such, single mothers were without paternal support or state benefits in any form. The harsh solitude that a single mother had to endure would have made the mere thought of having a child completely unbearable. When comparing Italy with Protestant countries in which infant abandonment was near unheard of, it is clear that this contributed to the high rates of infant abandonment in Italy. The societal view that an illegitimate pregnancy was the fault of the woman also meant that

All of these laws seem ridiculous to us in today’s world. However, in the Puritan’s day, these laws made complete sense to them. The magistrates who originally wrote these laws, felt as if these were commandments from God.

Biblical principles are the foundation that influenced the criminal justice system as we know it today. Many of the laws that we adhere to today were originally disseminated to the masses via the teachings and principles contained within the Bible. Many of the crimes against persons and property that are illegal by Christian standards were originally made illegal by biblical standards. This paper will discuss laws as they are written in the bible comparing them to laws applicable in today’s criminal justice system.

The mother keeps the child away from the father even if he is or is not paying support just because she can’t have that man. While support becomes the issues and not the child that thought alone of the father being put through this to satisfy the personal vengeance, and child suffers in the process.

Therefore, women were forced to get married. If they did not get married, due to the large restriction on abortion, a form of birth control at the time, women had to seek abortions underground. There actions led to unintended effects including a large amount of women becoming ill and eventually dying due to improper care or unsafe abortions. The strict laws also led to intended affects in which the government could incarcerate those individuals, mainly midwives, who were performing the abortions. They would do this by taking death statements of women who would come in ill. Overall, these events effected if women would seek treatments or be pressured into marriage due to

Many people in the Modern world believe that religious books and laws must be changed to fit the lives of those that live in the 21st century; in this essay I shall argue both sides and come to a final decision on whether or not they should update themselves.

Throughout the chronology of civilization across our terraqueous globe, there has been one aspect of society which facilitates our stability. That aspect is our adherence to moral ethics and just laws. This developed cultural trait has ensured the progression of society and the safety in developing a complacency to fear or harm. It is law, that protects us from the dangers of ourselves and the malevolence of others. However, the law has never been indefectible or paradisiac. The laws of man often reveal their faultiness, and their vulnerability to pervasive interpretation. During the 17th century, the New World suffered greatly in developing new laws, regulations, and experimental societal structure. The 17th century contemporary philosophy on community, family, and religion formed the guidelines in which all societal rules would be formed.

It was claimed that divine law provides a complete system of moral living in step with what it is to be human. If any law deflects from divine law, it is no longer a law but a perversion of law . Nevertheless this is not really the case because human laws can comprehend all those rules of conduct, which originate in the wisdom of man, individually or collectively considered and which are designed to regulate their behaviour to one another in a more limited or more enlarged societies and which are enforced by human authority and wordly sanctions . Human law is necessary as a remedy, partly to the generality and partly to the inefficacy of the divine

Moreover, this essay has not addressed that infanticide provisions devalue the rights of the child killed (Friedman & Resnick, 2012). This issue would need to be further researched before any changes can have effect. Finally, this essay has only looked at the legal ramifications of infanticide, which is a reactionary measure to the criminal conduct. Greater policy decisions would be needed to prevent infanticide from occurring in the first place. Social attitudes towards motherhood, women and crime would also need to be tackled (Wilczynski,

During the Medieval times, people were punished if crimes were committed against “family and morals”. At this time in history all power was accorded to the Church. The Church would punish those who committed acts against “family and morals”, such as adultery and acts of nonviolent sexual behavior (in-text book). As time went on, the Monarch courts began to take power over the Church. The crimes against “family and morals” became crimes against public morals. The debate of whether law should play a role in the implementation of public morals was started by two English scholars, John Stuart Mill and Sir James F.

This paper is on the Classical School theory that emerged in the eighteenth century; two writes of this period were Cesare Beccaria and Jeremy Bentham. Among the major ideas that descend from this theory are the concepts of humans as free-willed, rational beings, utilitarianism (the greatest good for the greatest number), civil rights and due process of law, rules of evidence and testimony, determinate sentencing, and deterrence. The writes during this period examined not only human nature but also social conditions as well. The Classical School, gave us a humanistic conception of how law and criminal justice system should be constructed. Law was to protect the rights of both society and individual, and its chief purpose was to deter criminal behavior, the law emphasized moral responsibility and the duty of citizens to consider full the consequences of behavior before they acted. This thinking required humans possessing free will and a rations nature.