Comparative legal culture Essay Example | Topics and Well Written Essays - 2000 words

Comparative legal culture - Essay Example pecially the blacks and human rights activists who claim that the city has been tainted with flagrant racism, police impunity and or the systematic quashing of free speech. In this paper, we shall discuss the Ferguson situation in light of the Natural law, Karl Marx and legal formalism theories of law. In advancing the Natural Law Aquinas states that it is in the human nature to act freely so as to achieve their proper end through reason and free will. The proper end in this concept was to live, be sustained and to reproduce. It thus followed that any law that did not see this end achieved was unjust and thus no law. Hobbes in advancing the need of humans to achieve the proper end cited above, he summarizes nine laws that are aimed to achieve the applicability of the natural law by stating that one should not do to another that which one will not want done to thyself, as this was the best way of preserving human life, sustenance and reproduction. John Locke states that where a ruler goes against natural law and fails to preserve life, liberty and property then the people would be justified to overthrow the existing state and create a new one. He further echoes the biblical concept of equality that is largely borrowed by Thomas Jefferson in the declaration of Independence and the u ltimate U.S Constitution. It is on this note that the Social Contractual theory by Jean Rousseau will come in handy in advancing the natural law. That at the state of nature humans would not have defended themselves enough and therefore they gave all the power to the sovereign hold in trust and in return protect them. Rousseau presents that in a democracy, the government ought to be focused on representing the general will of the sovereign, the sovereign in this context being the people. The natural law is theory seeks to protect morality in a state and what is immoral and inhuman would be short of law and hence unenforceable. To put the natural law into the Ferguson conflict, the

Comparative criminal justice Assignment Example | Topics and Well Written Essays - 500 words - 1

Comparative criminal justice - Assignment Example I found these three aspects interesting because they aim at making a prison stay comfortable. While prisoners should not live in squalid conditions, they still seem to be tended to with great care and many options to ensure that they thrive while in prison. The difference between prisoners’ rights and prisoners’ privileges is that rights must be granted to all prisoners, while privileges must be earned based on good behavior. Rights are determined by government and privileges are determined by the individual prisons and are not offered to all prisoners. A prisoner has the right and is entitled to healthcare and protection from bullying by other prisoners, but they must earn the opportunities to receive additional visits from friends and family. At the reception on the first day, prisoners are checked in and assigned numbers. They are interviewed and assessed so that they understand the rules of the prison and their rights, as well as available courses and required healthcare. All new prisoners are strip searched, and then given prison-standard clothing. The prisoners are then inspected by a nurse to determine if a prisoner is under the influence of drugs or prescribed medication, or are feeling suicidal. In the case that a prisoner is violent or considered a risk to themselves or others, segregation cells are made available for the prisoner to remain for a short period of time. Female prisoners are allowed to keep their infants with them in prison if the child is under eighteen months, or the woman gives birth while in prison, and the admissions board deems the situation required for the well-being of the infant. If the prisoner is denied their child or if the child is older than eighteen months, or if there are no available mother-baby units in any potential prison, outside arrangements must be made for the care of the child. Such arrangements can be made with family or Social Services, who will see to it that the child is cared for in a