The Rule Of Law And Its History

* ‘Trial by the media ‘means that people may be punished without legal proceeding having taken, or, perhaps, despite being acquitted.

In this articles the author is argued by listing points to show or to prove women are treated with injustice and that they are not treated equality to men,

Navigating the criminal justice can be a difficult process for offenders, witnesses, and victims. Moreover, the hardest process of the whole system is the laws. Laws are designed to both protect offenders from injusticely actions and protecting the victims as well as the public. Therefore, depending on the crime, situations, and laws applied could be a complex outcome for all parties that are involved in the proceedings. As a result, it’s two understandings about the called “Law on the Books” and “Law in Action” which these two concepts are understanding what the law says and how the law work in real life.

At one level, it deals with the inadequacies of the law in addressing to the question of justice and at the same time highlights the importance of the law in a society as even in presence of inadequacies, law is needed as it is better than a state of lawlessness.

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

Feminist jurisprudence is a growing school of legal though in which embraces various theories in reference to laws and legal issues. Every aspect of feminist jurisprudence takes a close look at and analyses the law through the examination of issues such as gender, sexuality, power, individual rights, and the judicial system. Feminist jurisprudence has come a long way since its beginnings in the 1960s. This school of thought has made its mark since the 1990s and has evolved into a vital part of the law over the years. Feminist jurisprudence has paved a new way of thinking in issues such as sexual and Domestic Violence, inequality in the workplace, and gender-based discrimination in various levels of US society.

Is it realistic for justice to effectively perform its function of keeping order without the rule of law? As someone who lived all his life within in civil democracy, it is fair to say that I have biased, yet, supportive views regarding need for order, law and institutions as a way to promote the pillar of modern society: justice. This idea of the rule of law and civil process has not always been apart our world, as we used to operate under a much more barbaric system, one both lacking a civil and democratic process. This essay will argue that in Eumenides, the shift in views on the role of the rule of law and social order on matters of justice is displayed through the character progression of the furies from ones of vengeance and bloodthirst to ones of compassion, reason and forgiveness. It is also worth mentioning that the shift from the older conception of justice to a newer one also reflects the author’s political leaning toward a society that embraces the rule of law as a way to favor a civil legal process in society.

Feminist jurisprudence is a complicated legal theory that covers an extensive range of issues affecting women. Feminist jurisprudence rose to prominence in the 1960’s while critical theory flourished in the late 1980’s and early 1990’s. Both movements provide a comprehensive and thorough analysis of the relationship that exists between law, women, and people of minority. Both critical race theory and feminist jurisprudence highlight how the law is the embodiment of the interests of the most powerful persons in any society (Culver 211). According to feminists, the law and legal concepts reflect an exclusively male or patriarchal view of the world. Two central themes are nearly agreed upon by all feminists. The belief that all male dominated institutions should be rejected and for effective and rapid reform to be introduced to amend existing laws and in the ways

Legal philosophy has changed dramatically throughout the years; many theories have evolved and are still supported to this day. Concepts such as values, morality, desires, and reason all come into play when law is defined. Law is a very difficult word to define; what exactly is it and where does it come from? To understand the idea of law, one must also understand how humans have evolved. From the beginning, humans have been forming groups for survival; either they were frightened by animals or other tribes. As time went on, according to Thomas Hobbes, a government was created to protect humans from their own evil actions. Since humans, according to historic events, have always been brutal it would make sense a governing body was created to put an end to these acts of violent. The question, in reality, is whether the government put an end to violent acts based on ethical reasoning or was it created to promote survival within a larger society. This question brings forth the two legal theories of the Law of Nature and Legal Positivism which both will be discussed later on. Nevertheless, the sense of morality and a divine power was prominent in the past, there has been a change in the present time. We now have a government which creates laws based on current desires and enforce these laws without morality in mind.

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.

citizens are under a duty to obey the same laws, and there can be no

Feminism as a Theory of Law As a concept, feminism is very much a modern notion within legal circles, which aims to eradicate any prejudice against women’s rights. This in a society strongly founded upon a male-orientated legal system, which historically fails to recognise the social and legal rights of women, and instead focuses upon “male-orientated theories and ideologies. ”[1] It is this patriarchy that feminists thrive to eliminate. The essence of patriarchy is emphasised by the Marxist legal theory, developed by Karl Marx and Friedrich Engels in the 19th Century, which places no emphasis upon gender, and consequently belittles the feminists fight for gender equality.

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

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.