Jurisprudence

The elements of the legal system in the United States are its origins, characteristics, functions and fields, constitutions and legal codes. The elements of the legal system come together, through the jurisprudence of American federal and state courts. Origins and Characteristic of the Law and Legal Systems of the United States Origin of the Common Law Legal System The common law is used in all the states except Louisiana. Louisiana uses a civil law legal system, which is common…

What is the ideology of Daesh? For centuries Muslim scholars and philosopher have been debating about the morality and political philosophy in Islam and it is not very unclear. It’s based on Quran, Hadith, and Fiqh (Islamic jurisprudence). Many Islamic scholars have argued that political theory of Islam did not exist as independent disciplines in Islam. Islamic political philosophy is in addition to Quranic exegesis, hadith, theology, ethics, historiography and philosophical works. The theory…

Stare decisis is a doctrine or strategy of subsequent regulations or principles laid down in previous legal decisions. It is the explanation that maintains that previous decisions which are to be followed by the courts. This strategy dictates that the court must abide or adhere to decided cases. Stare decisis is a legal rule which dictates that courts cannot disrespect the standard. The court must endorse prior decisions. In essence, this legal principle dictates that once a law has been…

1) In Lecture 5 of The Province of Jurisprudence Determined, Austin claims that Blackstone’s legal naturalism is, on one interpretation, “stark nonsense”. First, what does Austin mean? Second, how would a naturalist like Blackstone respond? In William Blackstone’s Commentaries, he provides three principles to live by. They are, “we should live honestly, should hurt nobody, and should render to everyone his due” (Arthur & Shaw, 2010). He refers to human law as municipal law and defines it as “a…

therapeutic and anti-therapeutic influences of the law permits those to improve the therapeutic functioning of the law without violating significant criminal justice values including due process concerns (Scott, 2004). Furthermore, therapeutic jurisprudence is closely aligned with procedural justice and consists of various key elements which entail that this model is non-adversarial, emotionally intelligent and psychologically attuned, not coercive or paternalistic, offender orientated and…

Islam as a religion preaches justice and equality are essential principles deeply rooted within the religion and the Shariah or “Islamic Law”. Islam appeared in the 7th century and came upon an Arabian tribal system grounded in patriarchy. The prophet Muhammad sought to change the established order and make an egalitarian society. The conversion to Islam brought improvements for women where the prophet “strove successfully for the improvement of the economic and legal status of all Moslem…

MUHAMMAD ‘ABDUH’S CONTRIBUTIONS TO MODERNITY This article “MUHAMMAD ‘ABDUH’S CONTRIBUTIONS TO MODERNITY” was written by Ahmad N. Amir, Abdi O. Shuriye and Ahmad F. Ismail summarizes ‘Abduh's modernity views that brought many changes and reforms to al-Azhar and Egyptian society and many of his views transcendent to the Arab world. I will review the important points mentioned in regards to his reforms and overall evaluate the paper. According to the authors ‘Abduh wanted to bridge the gap…

reduction in the number of minorities who are admitted to universities across the country. Such concerns are overstated. A careful analysis of the issues in Fisher II, the Justices’ comments during oral argument, and the Court’s affirmative action jurisprudence, suggests that although the University’s admissions policy will likely meet its constitutional demise, the impact on affirmative…

Introduction The battle for equality is one that has persisted throughout history and many countries around the world seek to have a society that is equal and that continues to promote equality. One of the biggest battles within the scope of equality is the issue of gender inequality. Many societies around the world house gender inequality and this is most apparent in the way that women are treated- they face sexual harassment, gender based violence , their pay is usually less in the workplace…

patriarchy. Women have been placed in a role of subordination for centuries, as the world progresses so do social views, however, there is still an inequality between the sexes in terms of multiple aspects. In the next chapter I will use feminist jurisprudence and the dominance approach to feminism to evaluate current legislation regarding human trafficking. CHAPTER 3: APPLYING LEGAL FEMINISM TO CURRENT LEGISLATION Legal feminism can be applied to current legislation on human trafficking to…