Discuss the meaning of justice and consider whether justice is achieved in English Law (30 marks) There is an argument within the English Legal System as to the degree of convergence between law and Justice and its effects on the system. Law is a set of standardised procedures that regulate society and enforce basic rights. It was defined by John Austin as ‘the command of a sovereign enforced by a sanction’ and by Sir John Salmond as ‘the principles used in the administration of justice’. Laws are created by Parliament (the sovereign power). An example of a law created by Parliament is s.18 GBH under the Offences Against the Persons Act 1861 which carries a sanction of up to life imprisonment.
Locke believed that the government should never even be given such a great amount of power. Locke believed that the government was only there to protect people’s rights and to do so in the simplest ways. Locke believed that if there were ever problems with the government then it should be done away with, not fixed. Locke and Montesquieu shared a similar idea of limited
One of the most important topics Locke wanted to encourage, was that people have control over the government, setting limited power for a temporary time, and in having this, the people can demolish the form of government if the government does not comply to the people’s needs “the people have a right to act as supreme, and continue the legislative in themselves” (Locke). He believed that using reasons to explain what is true will ensure the purpose of
It is their job to declare void acts by other branches violating the Constitution. Second, as Alexander Hamilton has said in the Federalist Paper, the judiciary review should act as barrier between the people and the Congress. The main goal of the government is to protect the people. The Declaration of Independence also states the government is for the people. The general liberty of the people must not be in danger especially of the government power.
(15 points) ________________________________________________________________________________________________________________________ Document 1: The following quotes come from Enlightenment thinkers from the 17th century: • 1A. How do these quotes summarize the new ideas about government from the 18th century? • 1B. How did the Enlightenment encourage change? Document 2: This excerpt is from John Locke’s Two Treatises of Government.
John Locke is one of the most influential Enlightenment philosophers of the seventeenth century. His philosophical writings of individual rights and role of government to secure these rights were a major influence on the founding fathers of the United States of America. The founding fathers such as Thomas Jefferson and James Madison used many of the tenets of John Locke's philosophy to construct the American political ideology of liberal democracy. John Locke's view of what a civil society and popular sovereignty inspired the founding fathers and the colonists to develop a political and social discourse which fueled the American Revolution. Locke's influence can be seen in documents such as the Declaration of Independence, the Constitution and the Federalist Papers.
Criminal law arrived in the US in the form of common law, brought by the colonists from their native European, African, and Asian homelands (Robinson, 2007). This miasma wrought political havoc, as differing ideologies sought to deal with the matter of crime and punishment. Add to this, the problem of managing a federalist system, with centralized and local authority or sovereignty, requiring two systems of courts: Federal and State (Ryan, 2009). As early as 1776, Thomas Jefferson proposed legislation in the newly declared State of Virginia, hoping to enact reforms based upon the theory of prevention outlined in the works of Cesare Beccaria, developed by Jeremy Bentham, and made usable by John Stuart Mill (Robinson 2007). These efforts were to no avail.
Alexander Hamilton once stated, "Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint." By saying this, Hamilton meant a government is required because people cannot make decisions based upon their instincts. The voice and thoughts of one are too irresponsible or unreasonable to make decisions. Mankind needs laws and obligations to live by, not only to keep peace but to protect ourselves from our basic nature.
Balance of power and natural rights were also ideas birthed during this period. Thomas Paine’s Common Sense embodies each of these ideas from the Enlightenment period. These ideas helped him not only create this literary work, but were the bases and formulation in which he wrote it. The first key idea from the Enlightenment period embraced in Paine’s writing is the idea of freedom from oppression. He tells a brief story of how the British government is being unfair, and treating its people poorly by taxation and other unjust tactics.
The first is a speech given to the French National Assembly from Jules Ferry. The second is a document featuring Okawa Shumei and Hashimoto Kingoro, who are addressing the importance of Japanese expansion. Though the positions of both countries differ they are also very similar. In this essay I will address the similarities and differences of Japan and France’s imperialism policies. Perry justifies France’s imperialism by saying that it is god’s will for France to represent Europe.