11/7/ · the issue is important. To accomplish these first two goals, use an example that demonstrates the problem. Do not merely say, “Climate change is bad.” Give an example, such as, “The Maldive Islands have lost 20% of their land mass in the last ten years as rising seas encroach on fishing communities and eliminate sandy beaches.” More Law Research Paper Examples: Law and Order Research Paper; Judiciary Research Paper; Juries, Lay Judges, and Trials Research Paper; Comparative Legal Cultures Research Paper; Law of Interrogation Research Paper; Law of Police Searches Research Paper Example Law School Essay, business scholarship essay introduction sample, how to conclude what is christmas in an essay, essay titles for compare and contrast
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This sample law research paper features: words approx. Browse other research paper examples for more inspiration. If you need a thorough research paper written according to all the academic standards, you can always turn to our experienced writers for help. This is how your paper can get an A! Feel free to contact our writing service for professional assistance. We offer high-quality assignments for reasonable rates. Law is a cultural achievement of humankind. On the basis of rules that are typically connected with sanctions, it is meant to prevent or overcome social conflicts.
The nature of these rules can generally be distinguished law school research paper example their purpose: They either serve the purpose of deciding legal cases rules of decision or the purpose of conducting a legal process rules of conduct.
The foundation of the rules, too, can vary. In contemporary legal systems, however, the foundation of legal decisions is above all provided by the state legislature statutory law. In modern judicial terms, the sum of legal norms, which forms a more or less coherent legal system, can be described as objective law.
The legally guaranteed authorizations of the individual member of this legal system e. The social function of preventative conflict avoidance or reliable conflict resolution can be fulfilled, lastingly, only when law is also able to offer criteria in terms of content to justify legal decisions.
Since ancient times, law has therefore been characterized not only by its sanctions but also by its reference to justice. Similar definitions can be found in other legal cultures that have not been influenced by Roman law. Both sides, coercion as much as justice, have at all times during the history of humankind decisively influenced the development of law. One essential reason for the continuously tense relationship between these two dimensions of law is the strong correlation between law and human life.
Friedrich Carl von Savigny —a distinguished German legal scholar and the founder of the so-called Historical School of Law, once noted rightly that law had no intrinsic content; it is directed toward and, at the same time, dependent on the life of human beings. This fact displays the anthropological foundation of every law. Moreover, it bears legal consequences that are concisely expressed in a canon of ancient Roman law: No one can be obligated beyond his or her capabilities ultra posse nemo obligatur.
This principle is rooted in the insight that a legal norm that asks too much of an individual is simply unjust. This concept is above all based on the findings of primatology. This science informs about the phylogenetic background of Homo sapiens and allows conclusions to be drawn about the emergence of normativity in human relationships.
The phenomenon of reciprocity is of major importance in this context; it can, for instance, law school research paper example, be observed in the social behavior of chimpanzees, our closest relatives. To meet the basic challenges of self-preservation and reproduction, chimpanzees live in social groups. The advantages are obvious: The offspring is more effectively protected, and food is more efficiently secured.
Our species develops affection for the building of societies, an appetites societas. Not unlike human associations, though, living in groups is never without law school research paper example. These occur whenever competition arises within the group in the struggle for scarce supplies that ultimately decide on the individual fate of the group members.
Chimpanzees have obviously developed the ability to ensure a regulated exchange of goods among each other. Generosity will generally be answered likewise; parsimony will be socially sanctioned. Chimpanzees appear to have a highly developed long-term memory for social relationships; it lays the foundations for an equipment that stabilizes the social order and that sanctions deviance, for instance, through the building of coalitions. But are these observations of altruistic behavior compatible with the genetic self-interest that constitutes the fundamental axiom of evolutionary biology?
Biological evolution is genocentric. Natural selection in principle awards features that encourage survival and reproduction—not only of single individuals but also of relatives. This is at least applicable to highly developed creatures in social associations.
Here, organized forms of family support have been observed. Their purpose, the reproduction of genetic information, is achieved through the fitness of the family. Nepotism is oriented toward this fitness. The self-interest of nepotistic altruism for the family is different from reciprocal altruism, which, under two conditions, can also include nonrelatives: First, in the long run, solidarity must pay off for the individual, for example, when food supply is dependent on good fortune during the hunt.
Law school research paper example this case, law school research paper example, solidarity serves to diminish law school research paper example individual risks of life; if there is no shortage in food resources, then solidarity generally vanishes, too.
Second, the mechanism of reciprocity must work out. From the standpoint of evolutionary biology, it is evident that moral and legal normativity has biological roots. Norms of reciprocity help to perform law school research paper example adjustment that could not be performed within the parameters of egoistic behavioral patterns, law school research paper example. Reciprocity is the beginning of a moral consciousness that distinguishes between factual and normative behavior. But it requires stabilization by means of specified rules and sanctions.
This has been evident since the natural sciences have contributed to the self-enlightenment of humankind: In terms of the objective parameters of natural science, there is not much that could distinguish humans from other life-forms.
Subjectively, however, our species can do nothing other than turn itself into the center of its environment; humanity has no alternative but to build its world according to its own criteria.
The resulting opportunity and necessity is not merely to live but to lead his or her own life. As a result of his or her biologically deficient vesting, there are no natural habitats; everything and everybody can turn into an enemy.
Consequently, a human is a being whose life is constantly at risk. Thus, humans have no choice but to law school research paper example their own relations to the world and to themselves through active performance.
Undetermined but driven by her or his physical desires, she or he is latently threatened by degeneration. Hence, law school research paper example, man or woman not only has to lead his or her life, but he or she also has to be led, namely by institutions.
Institutions make up for his or her absent instincts; they support man or woman by obliging him law school research paper example her to behave in a given way and, at the same time, relieve him or her from the burden of incessant decisions.
Institutions can evolve and persist law school research paper example things that law school research paper example taken for granted are valued accordingly. The modern world, however, is marked by an increasing absence of customs and by a growing plurality of values. Customs and values as institution-building factors are replaced by law that is in fact free of contents but still has a stabilizing effect. Most notably, this is true of custom.
It provides tradition with a generally binding authority to which law, too, was subject for a long time. Old law was good law. Nowadays, it is typically the other way around. Accordingly, a later law overrules an earlier law lex posterior derogat legi priori. In the course of time, law has emancipated itself from customs and has become more independent.
Nonetheless, law remains dependent on acceptance, approval, and discernment. On the contrary, in the question about the right law and about its connection with justice, the bond between law and the prelegal foundations of human social existence recurs. Juridification is a process that commences whenever social norms lose their effect. Above all, habit and custom belong to the social norms; fashion, too, can be part of it.
While habit lives on permanence and repetition, fashion is, and must be, ephemeral in order to consistently reinvent itself. Its aim is disparity; chic and elegance is not for everyone but only for the few. Habits are unspecific in this regard; one has a habit, or one does not. But a particular habit can only rise to a common law if it is shared not only law school research paper example the individual but also by the majority. In the English language, this is expressed in the differentiation between habit of the individual and custom of the group French habitude, coutume; Latin habitus, consuetude.
As opposed to habit, custom, just like the law, claims to be valid for every member of a given group. It is therefore oriented toward equality. Religion constitutes its own category of ethical norms. However, habit requires more than just a superficial adaptation; namely, it requires a certain inner attitude, law school research paper example. Accordingly, character always has to be formed first. The virtue whose ethos keeps law and ethics together is uprightness.
It illuminates the ethical meaning of being right; namely, being right is to strive for the establishment of a system based on law. A dogmatic attitude, however, destroys such an order as it gives the desire to be right precedence over the right itself. Moreover, it is part of the ethical foundation to give law school research paper example, not only for a court judgment but also for all forms of institutionalized legal decisions.
The obligation to state reasons directly results from a particular concept of justice and consequently from an ethical commandment. The winner of a lawsuit does not usually care too much law school research paper example grounds; thus, the loser will ask for the grounds. The reason for the grounds, however, is not of a legal nature but of an ethical one; this is to ensure a continuously peaceful social existence of those who were having a conflict with each other while insisting on their assumed legal right.
The realization of fair proceedings alone, which allows each side to present their views and to be heard audiatur et altera parscontributes to this appeasement. A prudent judge will attach less value to the applause of the successful side than to the silence of the unsuccessful one.
The procedural law obligates the judge only to the stating of reasons. The quality of these reasons is up to his or her professional ethics.
This problem has a long history. Basically, there are still two opposing notions: Legal positivism takes the stand that the legal concept is to be understood as not including moral or ethical elements.
Law is regarded as being separated from these values. Following the logic of this separating thesis, law school research paper example, law can have any given content.
The positivistic legal concept solely depends on whether a law was created in accordance with regulations and whether it is socially effective, law school research paper example. Those who, beyond that, require the legal concept to create a just law, follow the tradition of the theory of natural law. They associate law with a claim for correctness in terms of its content that cannot be given up without giving up the legal concept itself.
In the course of time, law has occurred in many places in various shapes. Not only norms have changed and multiplied, but also legal institutions have been extensively transformed.
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