The Imposition of Law as Free Will Essay

The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.

concentrates that law is purely used to promote good by the state. Furthermore, law should

The same ideals that are supposed to give freedoms, are those that are feared the most. One aspect of the current social contract is survival. For a majority of people, their

Criminal law is a construct of the government, enforced through tangible measures. In a democratic society, the government is elected by the citizens, and as such, laws are generally conceived with the aim to reflect whatever ethical or moral standards are presently acceptable. However, in order to be truly effective, some legislation must circumvent current sociological viewpoints in order to create laws that are genuinely in the best interests of society. This results in a delicate balancing act, as lawmakers attempt to weigh the views of the majority against the need for laws to be both reasoned and objective.

Imagine if someone you loved was shot. You call the cops, but they say that there is nothing that can be done because there are no laws saying they have to punish the criminal. If there were no laws, criminal could get away with crimes like that repeatedly without any punishment. This is a prime example of why laws are needed to keep society in order. The idea of rules in society has been around since King Hammurabi created the first set of laws in 1760 B.C. Egyptian civilizations created laws so that their society would last longer than other civilizations because people would respect their morals. William Golding, the author of Lord of the Flies, made a statement about human nature, saying that, “Man produces evil as a bee produces honey.” He had a theory that

The World in which we live in are run by systems. Systems of governance, systems of living, and importantly, systems of law. Law is the groundwork in which all other things in the human existence are built. This process causes people to wonder, what happens if Law ceases to be just? An Idea that might be absurd to some, though might have an eerie kernel of truth to it.. The Dystopian novels of Fahrenheit 451, Anthony Burgess' A Clockwork Orange, and the Film of 1984 All have terrifying perversions of Law, giving us an insight into how overbearing our government can become.

Within Classical Theory, the focus was on the law to protect the rights of individuals and society and its purpose was to deter criminal behavior. Classical law assumes it is the duty of the citizen to be moral, act responsibly, and weigh consequences of behavior before acting. This of course, supposes that all acts are rational, and each act committed is done as a result of free will.

encountered, therefore meaning that any consequences of a chosen action are the fault of the

Social contract denotes that a government or sovereign body exists only to serve the will of the people because the people are the source of political power that is enjoyed by the entity. The people can choose to give or withdraw the power. Not all philosophers agree that the social contract creates rights and obligations; on the contrary, some believe that the social contract imposes restrictions that restrict a person’s natural rights. Individuals who live within the society gain protection by the government from others who may pursue to cause them injury, in exchange, the citizens, must relinquish individual liberties like the capability to commit wrongdoings without being reprimanded, and they should contribute to making society

Since the beginning of the modern age, governments and states have existed in order to maintain moral law. Essentially these institutions are for the greater good of humanity. However, little thought is ever given to how humans lived without governments. Each and every person in the modern age is born into a state, and becomes a part of that state regardless of their will. The concept that humans are born into a state is derived from the social contract. The social contract is a voluntary agreement that allows for the mutual benefit between individuals and governments with regards to the protection and regulation of affairs between members in society. Essentially the idea is that citizens will give up some of their freedoms to the government in return for protection of their remaining rights. Throughout history, there have been a number of philosophers that have discussed the social contract and each philosopher has had there own social contract theories. Leviathan by Thomas Hobbes was the foundation for social contract theory in Western political philosophy. While The Social Contract by Jean-Jacques Rousseau was written a century later and inspired political reforms in Europe. Both Hobbes and Rousseau in their theories appeal to the social contract as being needed as a means to control man in society. However, their theories differ significantly on the basis of the state of nature, the phase after man has left his natural state and

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.

The main expression of the Social Contract Theory is to explore whether there is a legitimate political authority, "Man is born free, but everywhere he is in chains no." He said political authority in our natural state does not exist, so we need a social contract in a social contract, everyone abandon natural freedom, and obtain freedom of contract; in the process of political participation, only everyone equally renounce all natural freedom, assigned to the collectivity, human beings can get equal

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

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.

The legal Power is qualified for all natives Cases, in Law and Value, emerging under this Constitution, the Laws of the Unified States, and Arrangements made, or which should be made, under their Power; to all Cases influencing Represetatives, other open Pastors and Representatives; to all Instances of chief of naval operations' office and oceanic Purview; to Debates to which the Assembled States might be a Gathering; to Discussions between at least two States; between a State and Residents of another State; between Nationals of various States; between Nationals of a similar State guaranteeing Terrains under Gifts of various States, and between a State, or the Subjects thereof, and outside States, Natives or Subjects."The locale of the