The legal issue is whether or not George is liable for Adam’s injury due to the attractive nuisance doctrine. The attractive nuisance doctrine states that possessors of property can be responsible for injury to children if 1) The defendant was the possessor of and knew there was an artificial condition around which children were likely to trespass; 2) The defendant knew or should have known the condition posed an unreasonable risk of death or serious bodily harm;
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strengths of natural law Natural law is a deontological argument and is an absolutist theory. It holds the belief that there is a innate law within us and gives humans a purpose in life - to be in union with God. Thomas Aquinas believe that all humans have a God given law that has the potential to be channeled by anyone. It is based on the fact there are real and apparent goods ‚ which means that although you may think your doing the right thing ‚ you may just be doing an apparent good. Natural law provides
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Natural Law can be traced back into the Ancient Greek and Roman worlds. In Sophocles’ play ’Antigone’‚ Natural Law is very apparent throughout and the writings of the Greek Philosopher; Aristotle. In his works - ’Nicomachean Ethics’ - he wrote; "The natural is that which is everywhere‚ is equally valid‚ and depends not upon being or not being received...that which is natural is unchangeable‚ and has the same power everywhere.’ The Ancient Stoics emphasised the importance of Logos‚ or rationality
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Outline the difference between positivism and phenomenologism. Positivists believe that there is objective truth that can be discovered through the methodical and careful application of deductive scientific methods. They believe that the world is made up of observable cause and effect situations that are external and not influenced by human consciousness. They emphasize the importance of objectivity‚ arguing that it can best be achieved if the researcher maintain social distance from the subjects
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Positivist Theory on the Concepts and Practices of Policing. In this essay‚ Classical and Positivist theories of criminology will be explored and critically discussed to explore the impacts that they have had on modern day policing‚ introduction of laws‚ and police practice. The essay will first look at the history of the Classical Theory looking at Beccaria and Benthams classical school of criminology and its effects in a brief section. Positivist theorists will then be identified and the theory will
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Civil Law Civil law tradition is the oldest and the widest distributed legal system dating back to 450 BC in its origin. Even though it is the oldest of all the legal system. The Civil law took exponentially longer to develop than the Common law. The genesis of which was swift in comparison. 450BC is designated as beginning of development of Civil law because this is the year of 12 tablets. The first written law and rudimentary (Fundamental) system of dispute resolution in ancient Rome. The next
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Natural and Divine Law When examining the ideas and relations of divine and natural law many variables must be taken into consideration. Social norms‚ evolution‚ and religion must all be taken into account. When examining natural law we need to examine not only what laws come from morality‚ but at what point did morality come into existence‚ and how that morality came to be. Evolution is the key factor in determining what is considered moral‚ and what is considered necessary. Looking at the state
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* classicism * positivism * social constructionism The role of theory in contemporary youth justice practice is crucial in shaping and conceptualising relationships between youth and crime. It provides a structure for how youth justice is practiced and helps make sense of today’s issues surrounding the topic. Approaches to youth justice have evolved throughout the centuries and it is important for youth justice practitioners to be aware of the evolution of theory in order to be up to
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amount of freedom and power we allow to those experimenting and developing genetic engineering‚ and how it used‚ will hugely affect our generation‚ and those following. Natural Law is an absolute‚ Christian theory‚ and can be applied to this situation‚ so that followers of this theory know how to respond. The origins of Natural Law are found with the Stoics‚ and Aristotle‚ before being further developed by Cicero‚ and then finalised by St. Thomas Aquinas in the 13th Century. It aims allow for flourishing
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Yesterday in class we were talking about natural law‚ religion and homosexuality. I think that those three are totally different discussions. Natural law is the animal law that born with us and all animals that exist‚ but even animals changed their nature along the times. In a long evolution process from monkeys‚ the first men appeared; animals that were marines now walk in the land in order to survive‚ and many other situations and homosexuality is one more process of evolution. Personally‚ I
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