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Jean jacques rousseau theory of freedom
Jean jacques rousseau theory of liberty
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The Spirit Of The Law “When one obeys the spirit of the law and not the letter of the law, one is doing what the authors of the law intended” (Wikipedia, para 1). The spirit of the law allows for flexibility in the justice system. It allows for the interpretation of situations and cases. The spirit of the law allows for individuals to think from various perspectives and requires a deeper understanding of the situations. Rather than having one specific perspective on the issue such as Letter of the Law, the Spirit of the Law allows for the analysis of cases, flexibility, and justice. It is important to interpret the situations leading up to an outcome, as it allows for a better understanding of what has occurred and why it has occurred. “On October 24th, 1993, Tracy Latimer was found dead. She had died [under the care of her father]. Mr. Latimer confessed to the crime and admitted that he had killed Tracy, [by placing her in his truck and connection a hose from the truck’s exhaust pipe to the cab]” (Wikipedia, para 4). Tracy passed away from high amount of carbon monoxide. Mr. Latimer was “found guilty of second-degree murder and sentenced to life imprisonment with no possibility of parole for 10 years” (Wikipedia, para 4). It is important to note that Mr. Latimer did not commit this crime out of senselessness but because he wanted to place Tracy out of her misery. Jean Jacques Rousseau, a famous French philosopher, based a handful of his theoretical perspectives on the Spirit of the Law. He believed that people deserved freedom. Laws are vague and rely on the interpretation of individuals. It is evident that the sentence given to Mr. Latimer was not interpreted through the eyes of a father but a criminal. Although he did break... ... middle of paper ... ..."Internet Encyclopedia of Philosophy." Aristotle . N.p., n.d. Web. 5 Mar. 2014. . "Jean-Jacques Rousseau." Wikipedia. Wikimedia Foundation, 3 May 2014. Web. 5 Mar. 2014. . "Jean-Jacques Rousseau Quotes." BrainyQuote. Xplore, n.d. Web. 5 Mar. 2014. . "Robert Latimer." Wikipedia. Wikimedia Foundation, 16 Feb. 2014. Web. 5 Mar. 2014. . "Sean Bell shooting incident." Wikipedia. Wikimedia Foundation, 28 Feb. 2014. Web. 5 Mar. 2014. "The Shooting Death of Oscar Grant: What You Need to Know." About.com Civil Liberties. N.p., n.d. Web. 5 Mar. 2014. .
If a family member was murdered, a family member was murdered, age should not dictate if the punishment for homicide will be more lenient or not. If anyone not just juveniles has the capabilities to take someone's life and does so knowing the repercussions, they should be convicted as an adult. In the case of Jennifer Bishop Jenkins who lost her sister, the husband and their unborn child, is a strong advocate of juveniles being sentenced to life without parole. In her article “Jennifer Bishop Jenkins On Punishment and Teen Killers” she shows the world the other side of the spectrum, how it is to be the victim of a juvenile in a changing society where people are fighting against life sentences for juveniles. As she states in the article “There are no words adequate to describe what this kind of traumatic loss does to a victims family. So few who work on the juvenile offender side can truly understand what the victims of their crimes sometimes go through. Some never
The actions that a parent takes in order to protect or support their child cannot be judged in a courtroom, because parents cannot describe the way that they feel knowing that their offspring is gone forever. In a court of law, Matthew Fowler should be tried for justifiable homicide, and he should possibly plead temporary insanity. A parent cannot control their violent actions, because the feelings that one feels towards a child is much stronger than any other emotion could ever be. Frank Fowler's life was taken in a horrific and traumatic matter, and for this, a parent cannot undergo the normal mourning process. A parent like Matthew Fowler could not go through each day knowing that their child's murderer is walking the streets freely. A mother, like Ruth Strout, would go crazy seeing that heartless person do everyday things that her son/daughter can no longer do. This would drive a person to temporary insanity, causing them to lash out and kill the murderer. Matthew Fowler had reason to kill Richard Strout, even if it would result in hurting Matthew in the end.
The article titled “Growing up in Prison” by Elizabeth Calvin was published in the Los Angeles Times on January 13 2014. It discusses the case of Eden Gonzalez who was sentenced to life imprisonment at the age of sixteen. Gonzales sentence was punitive owing to the lack of parole for the entire sentence. This is because the inmate tried to steal a car in the company of two adults, but a murder occurred in the course of the crime. It is notable that Gonzales was sentenced to a life imprisonment despite the fact that he did not kill. In an online article by Ashley Hayes, the author discusses the case of Ethan Couch who was driving with a blood alcohol level of 0.24. The judge ruled for Couch to serve ten-year probation despite the fact that Couch killed. This paper argues that even though the law promotes a fair society, a person’s economic status can influence their jail sentence. Is also opposes life imprisonment without parole for children.
On New Year’s Day 2009, the police were called because a fight broke out on a train in Oakland, California. Oscar Grant and some of his friends were pulled off the train by former cop Johannes Mehserle. Grant struggled some with the officers while being arrested, but then he was restrained. Oscar Grant was lying on the platform when Johannes Mehserle shot him around 2 am. Granted had both hands behind his back and he was also unarmed when he was shot (Bulwa). The shooting made national headlines because bystanders videotaped it. These videos went viral and they made their way to the news (Cater).
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
It was a glorious April 4th evening as Martin Luther King and hundreds of followers were gathering for a civil rights march. Many cheered on as the civil rights leader graciously out step on the second floor balcony of the Motel Lorraine. Roaring cheers rose from the crowd rose up as Martin Luther King stand there waving his arm with his heart warming smile waiting for the uprising taper off so he can continue with his speech. When suddenly a piercing blast broke the noise and the crowd’s cheerful spirit died. A cold chill went through all who were present fore in the back of their minds there was no doubt that their King had just been shot.
As heard often in movies and other media, “Laws were made to be broken.” This holds true, especially when the law that is being broken is morally unjust and requires a citizen to disregard or act in an unjust manner to their fellow citizens. Any law that requires that kind of action is not beneficial to the common good of society, and creates a contrast between the “good citizen” part of a person and the “decent human being” part of a person. While it may seem that laws like this simply do not exist, they are all around us. They can easily be put into reality through a historical context.
A controversial issue regarding the law has been whether it is ever right to disobey the law. Some people would argue that it is not always morally wrong to disobey the law. From this perspective, laws that are considered immoral or unfair hinder society through unnecessary restrictions. However, others argue that it is never right to disobey the law. Socrates, who maintains this view, discusses the issue of obeying laws in Crito by Plato, arguing that a citizen “[has] undertaken, in deed if not in word, to live [their] life as a citizen in obedience to us [the Laws]” (271). According to this view, obeying the law is a citizen’s duty, and a person who is not obedient to the law fails to fulfill his duty. In sum, the issue is whether disobedience of the law is moral or immoral.
To begin, we must understand the meaning of the rule of law and why the UK courts implement this constitutional principle in day to day practice. British jurist and constitutional theorist A.V. Dicey paved the way for much of our understanding of the rule of law we know today; giving a strong starting point for academics such as Lord Bingham and Joseph Raz whom later on developed the formal and substantive theories of the rule of law. Dicey has three key principles: no punishment unless there is a breach of the law; Law should not be exercised arbitrarily; and there should be a consistency in the creation of law. Dicey simply means that an individual should be aware of laws which apply to them, they are free to act as they please, whether they
"In 1991, a young mother was rendered helpless and made to watch as her baby was executed. The mother was then mutilated and killed. The killer should not lie in some prison with three meals a day, clean sheets, cable TV, family visits and endless appeals. For justice to prevail, some killers just need to die." (Macy). This poor mother watched her child get killed in front of her eyes only to get murdered afterwards and never received the proper justice she deserved. The murderer who committed this heinous felony only got time in prison. Is it not fair that this man should have received the death penalty after committing such a brutal murder? He murdered this poor mother and child and received an unfair punishment. If he were to have received the death penalty if would have done some just to the family. There is absolutely no way for the mother and child to receive full proper justice, but if the convict had gotten the death penalty it would be a step in the right direction. If someone such as a family member or a person who you are close with was to be murdered, would it not be fair for the crook who murdered them to receive the death penalty? It is only moral for that delinquent to suffer the same fate as
Latimer did was morally wrong. But, when an individual is so severely disable with a poor quality of life and suffers from ongoing pain, one can then justify that it is morally right to assist with mercy killing. The morally wrong about this case was that Tracy did not have a choice in whether she wanted to live or die. It was all decided by her father that taking her life was the best solution for her. In other words, Mr. Latimer decided that Tracy would be better off dead instead of having another surgery. If the Supreme Court did not overturn Mr. Latimer conviction to second degree murder it would have set a bad precedent for people with disabilities. I agreed with The Council of Canadians with Disabilities that giving any lesser penalty will put thousands of people with disabilities in more danger of violence and death. Failure to be responsible for such crime against people with disabilities would be the wickedest form of discrimination. Tracy was placed on this earth for a purpose which we may not understand, but no one knew exactly what her wishes would have
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
I can imagine a perfect world. A world where morality is of upmost importance in our dealings with each other, where morals are critically examined, and debated with reason as well as passion. This world would be a pinnacle of human achievement. A pinnacle that we are nowhere near. Why is this? Well, in today's society, morals are often associated with obeying the law, and since laws are legislated by politicians, they are subject to politics. Laws are not right in and of themselves, and morals are not a matter of a majority's opinion. Some matters that are in the domain of charity are done through politics, often citing morality as a reason. Where exactly does charity fit in with morals? With politics? In this paper I will explore the meaning of morality, its justification, and its scope as it pertains to our lives. I will also spend some time explaining how politics, laws, and charity relate to morality, and how politics often assume charitable roles.
I actually believe in our legal system and I believe in justice. I believe in justice as an ideal that we strive for and that is what it means to me. The legal system, when looked at closer is not justice but instead - judgment. You can be punished when found guilty, in a number of ways, but who knows if they’re “fair” punishments, it’s all a matter of opinion. Is life in jail, say 25 years, going to be enough punishment for the parents charged with brutally murdering their daughter Farah Khan? Her life was brief, but whoever killed her also mutilated her body parts. The possibilities for her life were endless, she could have lived to the old age of 95. So is 25 years enough for her killers? They’ll be able to walk free at the end of their term, and perhaps few will remember them then and what they did. Why is justice important then? Because although the legal system is not always right, it needs that lofty ideal of justice as something to strive for, something to hope gets accomplished, the hope for every victim of a crime of any nature. The seeking of justice is a tiring and long quest akin to the seeking of truth, for they are closely linked and without one there may not be the other.
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.