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Papers On Early Theory
Page 9 of 10
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The Idea of Government: The Comparable Views of Locke and Kant
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A 5 page discussion of the similarities between John Locke's philosophy of government and that of Immanuel Kant. Notes that each had very definitive ideas of individual rights and the relation of those rights to law and government. Contends that in practically every respect John Locke's idea of government can be demonstrated to be fully compatible with Immanuel Kant's thesis in "Idea for a Universal History". No sources are listed.
Filename: PPlckKnt.wps
The Importance Of Advocacy On Behalf Of The Powerless
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5 pages in length. Does the law exist to encourage man's independence or is it merely there to thwart it? Indeed, the student can rightly argue that social responsibility has escaped the original intent of the legal system with regard to the powerless. Once upon a time, the law served the very people it so defiantly protected; today, it has become so distorted that it now defends the guilty and forces the victim to prove his innocence. Bibliography lists 5 sources.
Filename: TLClegsy.rtf
The Judiciary and Natural Law:
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This 3 page paper discusses how the judiciary has utilized natural law to identify the personal rights of citizens, in accordance with article 40.3.1 of the constitution. This paper further asserts that these sources leave too much room for intepretation by the judiciary. Bibliography lists 4 sources.
Filename: GSPerrit.rtf
The Legal Framework of Ancient Rome Ancient
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Rome has influence many subsequent societies. This 6 page paper considers how the legal system developed in Rome, with the concept of rights and the doctrine of innocent until proven guilty. The paper starts with the period of the kings and the rule of life and continues through the recording of law in the twelve tablets. The bibliography cites 1 source.
Filename: TElegrome.rtf
The Myths of “New Holland” and Terra Nullis
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This 5 page report discusses the ways
in which 17th and 18th century white European invaders (also known as “colonists”),
radically changed Australia (once known as “New Holland”) when they landed on its
shores. Regardless of the centuries through which the natives of the land had lived on
“their” land and used its resources for their own needs, the Europeans laid claim to the
land and declared to belong to them. Using the doctrine of terra nullius, Latin for “land of
no one,” they claimed that nobody owned the land until they (white men) “discovered”
and claimed it for themselves. Bibliography lists 6 sources.
Filename: BWnewhol.rtf
The Roman Empire: Built Through Legion Law And Skill Of Extraordinary Organization
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5 pages in length. Historical accounts of the Roman Empire have often been less than flattering. Accused of forcible principles, self-aggrandizement and social intolerance, the ancient kingdom's legacy is one of brutality and fanaticism. However, while one side condemns the Romans for taking such a harsh approach to building its empire, the other recognizes the inherent fortitude of legion law and extraordinary organization necessary to accomplish such an overwhelming objective. Bibliography lists 6 sources.
Filename: TLCroman.wps
Theories of the function of the judiciary
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A 17 page paper which considers the different interpretations of the structure and functions of the judiciary which have been developed over the years in Western culture, including the doctrine of natural law, legal positivism and the relationship between legislation and moral values. Bibliography lists 11 sources
Filename: JLjudges.rtf
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