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Papers On Early Theory
Page 5 of 10
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Hobbes +Social Contract +Locke.
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(7pp) The fundamental basis for government and
law in this system is the concept of the social
contract, according to which human beings begin as
individuals in a state of nature, and create a
society by establishing a contract whereby they
agree to live together in harmony for their mutual
benefit, after which they are said to live in a
state of society. This contract involves the
retaining of certain natural rights, an acceptance
of restrictions of certain liberties, the
assumption of certain duties, and the pooling of
certain powers to be exercised collectively.
So the use of a social contract is a give and take
negotiation -usually. Bibliography lists 4 sources.
BBsoccon.doc
Filename: BBsoccon.doc
Jewish And American Law: Comparison
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10 pages in length. American attitudes toward law were crucially shaped by the American Revolution, Constitutionalism and the transplantation of the English Common Law System to its shores. Jewish law also responded over a much longer time span and in many more places to historical influences. In the process, both systems had to face comparable issues, including 1) reasons to obey the law; 2) law and change; and 3) law and morality. While given the same objectives, they often ended up on opposite ends of the legal spectrum. Bibliography lists 9 sources.
Filename: TLCJewishLaw.rtf
Judicial Review
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A 10 page paper that begins by defining the term 'judicial review.' The writer then discusses the governments of ancient Greece and Rome and how parts of their systems carried over to later times. The Age of Enlightenment is discussed relative to the political innovations brought about through the writings of Locke, e.g., the social contract theory, and Montesquieu, who proposed three branches of government. The founding fathers of the U.S. were highly influenced by these writers and that influence can be found in the Constitution and the division of the government into three branches. The writer reports the Marbury v Madison case where judicial review was used by Chief Justice Marsahll to declare an act of Congress unconstitutional. Bibliography lists 11 sources.
Filename: PGjudrv.rtf
Justinian the Great, Emperor of Byzantium, and Creator of a New
Standard for Law
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This 10 page report discusses the Byzantine
emperor, Justinian I. Justinian is known for expanding Byzantine
rule in the Western world, developing and beautifying the city of
Constantinople, and completing the codification of Roman law. It
has been due, in great measure, to Justinian I’s efforts and
determination that Western civilization and the law governing it
have developed in the ways they have. Bibliography lists 8
sources.
Filename: BWjustin.rtf
Justinian's Codex
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8 pages in length. Emperor Justinian's Codex iuris of the sixth century evolved as a necessary means by which to regulate society's behavior. What had until then been left up to the whims of each individual to handle on his own was now a product of fair and sensible legal procedure, with Justinian representing the instrumental force behind the eventual cohesiveness that encompassed these monumental changes. It can readily be argued that there was, indeed, a great need for such a show of order, in that there existed no modicum of conformity when it came to the legal process. As the principles of Justinian's Codex continued to be established, they also became an integral component of ancient societies, ultimately impacting the very foundation of Roman law. Bibliography lists 7 sources.
Filename: TLCcodex.rtf
Kafka's "The Problem with Our Laws"
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A 7 page paper which discusses and analyzes
Kafka's "The Problem with Our Laws." Bibliography lists 2 additional sources.
Filename: RAkafkalaw.wps
Law and Government in Precontact Native America
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A 4 page discussion of dichotomy that existed between precontact law and government in Native America and law and government as it was viewed by Europeans. The author contrasts natural law and legal positivism. Bibliography lists 4 sources.
Filename: PPnaLaw.rtf
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