Law and Morality Essay Example for Free

Law and Morality Essay J. M. FINNIS: Rules made, in accordance with regulative legal rules, by a determinate and effective authority (itself identified and standard constituted as an institution by legal rules) for a ‘complete’ community, and buttressed by sanctions in accordance with the rule-guided stipulations of adjudicative institutions. [1] NATURALISTS ST. THOMAS AQUINAS: A rational ordering of things which concern the common good, promulgated by whoever is charged with the care of the community. [2] SOCIOLOGISTS ROSCOE POUND: Law is more than a set of abstract norms, it is also a process of balancing conflicting interests and securing the satisfaction of the maximum wants with the minimum of friction. [3] WHAT IS MORALITY? No single definition can be offered to describe what morality is, but in general morality can be understood as a rule prescribing between what is wrong and what is wrong. It could also mean a value of the acceptable and unacceptable norm of a given society. Some reserve terms moral and immoral only for the realm of sexuality and use the words ethical and unethical instead of the word moral when discussing how the business and professional communities should behave towards their members or toward the public. [4] RELATIONSHIP BETWEEN LAW AND MORALITY 1. The existence of unjust laws proves that morality and law are not identical and do not coincide. 2. The existence of laws that serve to defend basic values, law and morality can work together. 3. Laws can state what overt offenses count as wrong and punishable. 4. Laws govern conduct at least partly through fear of punishment. 5. Morality can influence the law in the sense that it can provide the reason for making whole groups of immoral elections illegal. 6. Law can be a public expression of morality which codifies in a public way the basic principles of conduct which a society accepts. [5] PUBLIC PROSECUTOR v MOHD ROMZAN BIN RAMLI[6] BRIEF EXPLANATION ON THE CASE: Mohd Romzan bin Ramli was charged under the offence of incest under the provision of section 376A of the Penal Code- a person is said to commit incest if he or she has sexual intercourse with another person whose relationship to him or her is such that he or she is prohibited, under the law, religion, custom or usage applicable to him or her, to marry that person; and was sentenced to six years of imprisonment and one stroke of rotan under section 376B(1)- punish with imprisonment between 6 to 20 years and whipping; of the same Code. The accused had committed the crime in between early January 2006 to 26th May 2006 in a room at his house in Kulai, Johor Bharu, Johor. To an 11-year old girl, Nurul Atikah bte Abdul Kadir, which is also his stepdaughter. In 2006, the girl was forced to undress by the accused and was disturbed sexually by him. He had done the disturbance to her several times. In addition, he threatened her not to tell anyone and had beaten her. Father of the victim, lodged a police report after he had noticed changes in his daughter after he had picked her from his ex-wife’s home. After medical check-ups were done by the doctor, the victim suffered from injuries in her private part and was treated by a psychologist. The accused pleaded guilty in front of the judge,Zawawi Salleh in the High Court of Johor Bharu, prosecuted by the Deputy Public Prosecutor, Husmin Hussin (Johor, State Legal Advisor Office). However, his sentences was changed to eleven years of imprisonment and three strokes of rotan, after the case was appealed to the High Court Of Johor Bharu from the Sessions Court Johor Bharu. The sentences were changed as it was unfair to the victim by taking her trauma and injuries into account and the public views about this case. OPINION/CONCLUSION In my opinion, the action of appealing the judgement made by the Sessions Court of Johor Bharu was a just and fair decision. Six years of imprisonment with one stroke of rattan is too little compared to the crime. According to John Austin, he defines law as a command given by a sovereign who may be a King, council or parliament. Such a command in his view is backed by coercion so that any person who violates the law, suffer the pain provided by law. [7] The accused needs to be punished for what he had done to the victim. The victim was just a little, innocent girl compared to him whose already old enough to think about right and wrong. Secondly, punishments for committed crimes are not only to punish the criminals, it is also as a deterrence to the public to not commit the same crime as they will be punished in accordance with the law too. Six years imprisonment and one stroke of rattan are not sufficient enough to deter the crime. As John Austin stated on why do we have to obey the law? It is because of the fear of sanction. Austin view is the fear by which the law, by its coercive power, strikes in the heart of the people is what makes people obey the law. If we remove the element of fear from the law, it would not be obeyed as there would be no deterrence. In other words, if a law is made without sanction, it would be disobeyed. [8] Lastly, after the High Court Judge of Johor Bharu sentenced the accused to eleven years of imprisonment and three strokes of rattan, only then, the justice can be seen. Bentham refers justice as maximum happiness of maximum number of people. [9] The public’s views on the case are also need to be considered. Minimum sentences given could cause an uproar in the society. Even Hart mentioned that justice is a shared concept; everybody wants justice seen and done. This is also supported by the aim of having law is to maintain peace and harmony. [1] M. D. A Freeman, Lloyd’s Introduction to Jurisprudence, page 178. [2] M. D. A Freeman, Lloyd’s Introduction to Jurisprudence, page 143. [3] Hari Chand, Modern Jurisprudence, 1994, International Law Book Services, Kuala Lumpur, page 205. [4] Jacques T. Ethics Theory and Practice, (5th ed. ). New Jersey: Prentice Hall, (1995): 3. [5] Basic Observations on Law and Morality. 10 September 2001. Web. 13 August 2012. [6] â€Å"Public Prosecutor v Mohd Romzan bin Ramli. † Malayan Law Journal, 22nd January 2012. Web. 13th August 2012. . [7] Hari Chand, Modern Jurisprudence, page 72,80,81. [8] Hari Chand, Modern Jurisprudence, page 74. [9] â€Å"Jeremy Bentham. † N. p. Web. 14th August 2012. .

America Attacked :: Essays Papers

America Attacked The United States of America has gone through almost every emotion in the book, but we will never forget the events of September 11. As of now, investigations are taking place across the nation. From anthrax to the Al-Qaeda, the FBI and CIA seem to be stumped as to where to look. The developments of the story on anthrax have not stopped President Bush on his â€Å"Life Must Go On† speeches, but it anthrax scares still have citizens in a frenzy. How to deal with anthrax, or basically the mental idea of â€Å"ohmigosh I can’t check my mail I might die† has its pros and cons since you can’t avoid checking your mail for the rest of your life, yet there is always that fear there. As for the new story about the Al-Qaeda, what is said to be â€Å"Bin Laden’s Web of Terror†, we only know so much as to what the media is giving. From what I’ve learned, the Al-Qaeda is similar to the stereotyped â€Å"MAFIA†, where Bin Laden has a network of followers all over the world in 60 different countries, where he has support financially and support from those who are part of his network. It is kind of like if Bin Laden says â€Å"go†, there will be someone there to respond. It is scary to think about, really, but I believe the FBI has to get moving and let the people know what is going on. How much of a threat is there? How worried should people be - especially since the holidays are just around the corner? These are questions I would like to be answered. Businesses all around the world are on a roller coaster right now, and nobody knows when the ride is going to stop, or more importantly, how and where it is going to stop. For example, will businesses be on the top or the bottom of the ride? An example of a re-opened business that affects airlines is the Concorde. Since the crash of the Air France Concorde in the summer of 2000, the planes haven’t flown. Now, the return of the world’s fastest commercial planes are back in the skies, but their only problem is, will there be people riding them? Over 50 million dollars has been spent on preparing the return of the Concorde, but some people are skeptical as to whether or not the business will do well.

Music falls Essay

This third activity was chosen because it provides the children with this means of communication, giving them the opportunity to express themselves freely. Doing this helps them progress emotionally and cognitively in all other areas of their learning. Music falls under Donaldson’s construct mode, under value-sensing. She argues that emotion and thought are frequently related closely to one another (Palmer, 2001).  Neill (1927) also favoured music within the curriculum, as he alleged that it had a therapeutic function, particularly with children with psychological problems. He also acknowledged that it gave the less academically challenged pupils something they may excel at. This activity, therefore, assists in increasing the child’s self esteem, giving them more confidence in other areas of the curriculum too. Differentiation  The possibilities for differentiation within this lesson are extensive. As it is a relatively free activity, the children can move as much, or as little as they like. Interaction from the practitioner could be by means of praising those who demonstrate effort and capability, or by encouraging the children to express themselves and by giving them the confidence to move as they wish. Those who do not attempt to join in could be partnered with others, to provide further encouragement and enjoyment. Evaluation  This activity provides the children with the freedom to move their bodies in ways which are normally considered inappropriate within the classroom. There is no specific way in which the children are required to move and so they have the opportunity to truly express themselves without the usual confines and barricades. Skinner (1971) believes that behaviour is not something a child is born with, it is shaped by consequences. The conditioning adopted by the setting determines the catalogue of behaviour the child has at his disposal (cited in Palmer 2001). Skinner recognised that children respond to positive re-inforcement. The practitioner in this activity praises the children, encouraging them to express themselves further. Bandura suggests that adults can gain children’s attention and highlight the behaviour patterns they want to encourage (David T et al, 2003). He suggests that the children will mimic the behaviour they see in others. In this activity, if the children see the practitioner praising one child as suggested by Skinner, their behaviour will be reinforced and this should encourage more of this behaviour. As the rest of the children bear witness to this development, Bandura suggests that they will reproduce this behaviour to gain recognition for themselves. This was apparent when watching the behaviour of the whole class. When one child became slightly over-excited and silly, others began to imitate him. The practitioner quickly took control of the situation by praising one of the children who was making slower, more gentle movements and the children responded swiftly by slowing their movements down too. Conclusion Each one of these activities proved to be successful. The children enjoyed them and were keen to stay on task throughout. The relevant areas and aspects of learning were adequately covered and the children gained a great deal from participating. From carrying out this research, it is apparent that it is necessary for practitioners to plan their scheme of work effectively in order to guarantee that the foundation stage curriculum is covered throughout the year. This work has examined the long, medium and short term plans and has explained why they are used. It has researched the emergence of the foundation stage curriculum and the ways it can be adapted and moulded to fit into many different types of early years settings. Using the three activities this work has established the theoretical underpinning of the curriculum and demonstrates the strategies which can be applied to differentiate the experiences effectively. Bibliography Books Bee, H. & Boyd, D. (2004) The Developing Child, Tenth Edition USA: Pearson Education, Inc.  Boushel, M., Fawcett, M. & Selwyn, J. (2000) Focus on Early Childhood: Principles and Realities Malden, Mass: Blackwell Science  Carnie, F (2003) Alternative Approaches to Education: A Guide for Parents and Teachers New York: Taylor and Francis

Ouranosaurus - Facts and Figures

Name: Ouranosaurus (Greek for brave lizard); pronounced ore-ANN-oh-SORE-us Habitat: Plains of northern Africa Historical Period: Middle Cretaceous (115-100 million years ago) Size and Weight: About 23 feet long and four tons Diet: Plants Distinguishing Characteristics: Row of spines jutting out from backbone; horned beak About Ouranosaurus Once considered to be a close relative of Iguanodon, paleontologists have now classified Ouranosaurus as a type of hadrosaur (duck-billed dinosaur)--albeit one with a major difference. This plant-eater had rows of spines jutting out vertically from its backbone, which has fueled speculation that it may have sported a sail of skin, like the contemporary Spinosaurus or the much earlier pelycosaur Dimetrodon. However, some paleontologists maintain that Ouranosaurus didnt have a sail at all, but a flattened hump, rather like that of a camel. If Ouranosaurus did in fact possess a sail (or even a hump) the logical question is, why? As with other sailed reptiles, this structure may have evolved as a temperature-regulation device (assuming that Ouranosaurus had a cold-blooded rather than a warm-blooded metabolism), and it may also have been a sexually selected characteristic (that is, Ouranosaurus males with bigger sails had the opportunity to mate with more females). A fatty hump, on the other hand, might have served as a valuable reserve of food and water, the same function as it serves in modern camels. One lesser-known feature of Ouranosaurus is the shape of this dinosaurs head: it was unusually long and flat for a hadrosaur, and lacking any of the ornamentation of later duck-billed dinosaurs (such as the elaborate crests of Parasaurolophus and Corythosaurus) save for a slight ridge over the eyes. Like other hadrosaurs, the four-ton Ouranosaurus may have been capable of running away from predators on its two hind feet, which presumably would have imperiled the lives of any smaller theropods or ornithopods in the immediate vicinity!