INTRODUTION: The sociology of law (or legal sociology) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. While some socio-legal scholars see the sociology of law as "necessarily" belonging to the discipline of sociology‚ others see it as a field of research caught up in the disciplinary tensions and competitions between the two established disciplines of law and sociology. Yet‚ others regard it neither as a sub-discipline of sociology nor
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Explain how a follower of Natural Law theory might approach the issues surrounding Abortion The Natural Law theory takes a deontological approach to ethical issues like Abortion which is based on Thomas Aquinas’ view of Natural Law. Aquinas says that God creates human beings to fulfil their purpose to serve Him and our neighbour to bring us heaven and eternal life. In this aspect Natural Law followers would therefore say that a baby must be able to fulfil its life the way God planned it and this
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Should natural law be recognized by the Courts of Canada? Should the Supreme Court of Justice‚ the highest the level of court in Canada‚ allow natural law to be part of the decisions they make in their rulings? In Canada‚ Legal Law is used to settle private and public disputes and also for the sentencing of criminals. Committing a crime is against the law‚ which would mean that the person who committed the offence would need to serve the punishment unless it were special situations‚ such as duress
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system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy‚ using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state‚ depending on where the power to legislate lies. Both common law and statutory law are components of substantive law‚ which concerns the actual content of law and procedural law‚ which concern the way in which law is constructed
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Natural Law is a Theory that says that there is an existence of a law that is set by nature and applies everywhere because it is ingrained within our beings and can be discovered through the human ability to reason. Natural law is: Universal‚ unchanging and constant – these are all qualities which clearly show that it is an absolute theory. " There will not be one law at Rome and another at Athens " - - Cicero It is accessible through the natural order of the world – through observation of its
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: : : : FAMILY LAW II LAW470/581 APRIL 2006 3 HOURS INSTRUCTIONS TO CANDIDATES This question paper consists of THREE (3) parts : PART A (6 Questions) PART B (2 Questions) PART C (1 Question) 2. 3. 4. Answer ALL questions. Answer to each question must be written in the answer booklet. Do not bring any material into the examination room unless permission is given by the invigilator. Candidates are allowed to bring in the following statutes (unannotated): (i) Law Reform (Marriage and
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Common law versus civil law systems The two principal legal systems in the world today are those of civil law and common law. Continental Europe‚ Latin America‚ most of Africa and many Central European and Asian nations are part of the civil law system; the United States‚ along with England and other countries once part of the British Empire‚ belong to the common law system. The civil law system has its roots in ancient Roman law‚ updated in the 6th century A.D. by the Emperor Justinian and adapted
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statement that there is natural duty to obey the law even in reasonably decent democratic societies in order to rescue others from the dangerous conditions of the state of nature. To do this‚ I will explore a world in which there is a natural duty to obey the law to evaluate if it is the best way to protect us from the dangerous conditions. Next‚ I will explore the ambiguity in the natural theory to sufficiently justified a duty to obey the law simply because it is a law. Through these analyses
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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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Explain Natural Law theory In this essay‚ I will discuss the theories behind Natural Law‚ as well as the qualities it is seen to possess. I will explain Aquinas’ concepts and theory on Natural Law‚ discussing eudaimonia and the doctrine of the double effect. Finally‚ I will reflect on some of the positive and negative aspects‚ in summarising Natural Law theory. It is important to highlight that Natural Laws differ from acts which occur naturally. There are many aspects to Natural Law‚ the first
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