Legal Systems : Legal System

Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20)

Therapeutic jurisprudence is the study of the law in conjunction with the emotional and psychological welfare of those who come in contact with the legal and justice system. This report, in conjunction with the cases below, intends to show that therapeutic jurisprudence has a focus on the law as a social force that has the potential to enhance or inhibit therapeutic outcomes. In V’s case, therapeutic jurisprudence aided the defendant by giving him an option to rehabilitate instead of further compounding his financial circumstances if the magistrate were to fine him multiple times for future offences. Furthermore, in H’s case, the defendant was given a more lenient sentence, educating him about the consequences of his actions.

Civil Law: about a party bringing an action for a personal remedy of some kind.

To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems

In August 2015, the case Miller V Davis brought to light the complicated relationship between law and morality. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. Thus, despite the fact that same-sex marriage has been made legal by the U.S Supreme Court since June 2015. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? Do the law should be totally free from any moral influence? Many legal scholars have argued on these questions, as well as trying to define the terms “law” and “morality”. While no one has agreed to a universal definition, law can be defined as a “body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects”. On the other hand, morality is referred to as an “ethical wisdom” , the set of common values unifying a society. This essay will discuss the role of morality in the law, while analysing different legal school of thoughts arguing on the topic. First of all, positivists such as Bentham, Austin and Hart, argued that morality should not interfere with the law as it is created by a legitimate authority. On the other hand, naturalist theorists, such as Aristotle, Fuller and Dworkin, believed in the existence of a “higher law”, highly influenced by morals, has to be integrated in a legal system

(2) Tamanaha, Brian. 2008. “Law”, Oxford International Encyclopedia of Legal History, St. John's Legal Studies Research Paper No. 08-0095. Link in Course Readings and Available online: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1082436&rec=1&srcabs=1012051

Domitus Ulpian said, “Justice is the constant and perpetual will to allot to every man his due.” Justice is what allows a society to operate and function. It is upheld and enforced by a system of rules known simply as the law which are officially recognised and imposed on states to govern behavior. Some form of law has always existed in human history whether it be in an unwritten customary form or in a written format like a constitution (Milgate P, 2013). The law and legal system around the world has developed throughout history to the point that there are many different categories and sub categories of law. In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common

The social constructs of law relate it to be something of complexity, where one’s rights and protections are imagined to be difficult to find. The law is an historic and modern aspect of the world, ensuring uniformity. It is important for the law to become not only a creator, but also a product of its environment. For society to accept the law and for its effectiveness, it must be made in ways reflect societal values.

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

Everyday people wake up and follow certain rules of behaviors. Brushing your teeth, following a dress code, not murdering an annoying classmate. All of these things are societal norms, written and unwritten rules of acceptable behaviors and morals. Over time norms can change in reflection of fluctuating beliefs and mores. These societal norms are generally reflected in the laws of any given country. However, sometimes in the process of change, the norms and laws get off balance. This can make the laws ineffective. No matter what the law states, if a significant portion of citizens decide to ignore, it might as well not even exist. Many times a change in social mores and norms can be observed in the court cases that arise from the clash between

By and large, the appropriation of the case administration layout for a court system can have numerous positive and negative impacts. As the chairperson of a court with 50 workers, the expansion of caseloads has turned into a prevention of productive work. A positive angle for this surprising increase in the amount of cases could evolve into new additional duties for the court system itself. Despite the fact that the immediate benefits of this case administration framework are rare, they have a tendency to become more apparent when the system has been set up for some time. The issue with a longer usage time is that system itself tends to be slow to change. Thus when something has been the standard for quite a while, an orderly change is hard. The negative impact of this case management system is the deficient precautionary measures taken when caseloads get to be overpowering. The case management system combined with a 50 man court framework has turned out to be a disappointment after some time, and the pattern is deteriorating. With the case documenting multiplying in the previous seven years, it is vital that something is done to diminish the effect of being overpowered. Case management has made judges reconsider their present system in dealing with the courts (Peak, 2010).

Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with

Since we were kids and became conscious of our surrounding, our parents and grandparents instilled in us an awareness of what is right and wrong. In other words, it is a trait of all human beings and fosters from our desire to get along with each other to live a harmonious life. Laws are a set of rules and behaviors set by governments that society illustrate on what people can or cannot do. The purpose of this paper is three-fold: it will identify and define what distinguishes law from ethics and what similarities they share. The second is an analysis of examples of where law and ethics either meet or diverge. Third is the role where law and ethics either meet or diverge.

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.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.