Legal Reasoning to the Grudge Informer Dilemma Essay Example

Legal Reasoning to the Grudge Informer Dilemma Paper The Problem of the Grudge Informer describes a situation that two major philosophical theories of law-Legal Positivism and Natural Law Theory-greatly disagree on. It provides a legitimate question for Natural Law theorists about the objective moral order of justice systems, which is accessed by reason and more specifically, the extent of which morality can play in criminalizing an apparent regime of terror. On the other hand, Legal Positivists challenge that whether a law has an integral moral aspect makes no difference to the prosecution of an otherwise anarchist government. For them, law is a system of orders or commands enforced by power. It is a pure human product. Herein lies the debate of the Grudge Informer. The Legal Positivist position holds that the informers were acting out of obligatory concern for the laws of that time and are therefore, legally guarded by those laws for any legitimate criminal offense. The Naturalist would respond indignantly towards the rigid legal position of the Positivists and would consequently punish every Grudge Informer for acts of willful harm and perhaps murder. For them, the acts of the informers were immoral and should not go unpunished, which the Positivists simply dont care about. Thus, as the newly appointed Minister of Justice, I adopt the third deputys suggested plan as the most logical and appropriate ruling because of the fact that an objective moral order, among other things, must be an integral part of all legal institutions and that the grudge informers shall not go unpunished for their wrongdoings. First, I urge that an additional and better plan could be implemented combining a couple of the steps each of these deputies has to offer. We will write a custom essay sample on Legal Reasoning to the Grudge Informer Dilemma specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal Reasoning to the Grudge Informer Dilemma specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal Reasoning to the Grudge Informer Dilemma specifically for you FOR ONLY $16.38 $13.9/page Hire Writer However, I conclude that if one recommendation were chosen then the third deputy presents the most satisfying plan for all parts of the justice system. Each of the other recommendations contains slight defects of which I will examine. According to the first deputys recommendation, we shouldnt and cant prosecute any of the grudge informers. Their acts of what a Purple Shirtist might call patriotism were protected by the law of the land (Fuller 160). The first deputy goes on to say that, like our newfound democratic justice system, the Purple Shirts operated under the law even though those laws might be wrong. He says, The cardinal point of our creed is that when an objective has been duly incorporated into a law or judicial decree it must be provisionally accepted even by those who hate it (Fuller 161). However, although their acts might seem lawful and obligatory, they were clearly wrong. The law itself was defected. In any sort of government, the protection of its citizens is its ultimate concern. That is not to say a lawful protection always occurs. The first deputy fails to recognize that although lawful, the acts of Purple Shirtism were wrong and could diminish the duty of protection if future terrorist regimes were to take control. The first deputy contains yet another logical error. Rather than admitting the Purple Shirts were wrong, he simply acknowledges the difference in their ideology so as to say whatever they believed and whatever their objectives were, they were still lawful. He even admits that they disregarded any laws that didnt fit their ideology. This is ultimately where his recommendation fails. It is contradictory and rather relativistic that he suggests each ideology is correct in its own right when he admits some acts of the Purple Shirts were what we consider detestable (Fuller 160). In essence, to disregard any wrong actions the grudge informers made simply because they were lawful at that time is exactly what Purple Shirtists did when they disregarded laws not pertaining to their ideology. Essentially, he admits this was wrong and therefore, immoral. Like Fuller, if we acknowledge the virtue of right and wrong rules then we acknowledge morality pertaining to law. To accept the first deputys recommendation would take on a strict positivist role, which is insufficient to the misconduct performed by the informers. In the second deputys recommendation the same resolution is reached, but by the conclusion that there were no laws at all during that time. He says, What they did do was neither lawful nor contrary to the law, for they lived, not under a regime of law, but under one of anarchy and terror (Fuller 161). He admits that it was a war of all against all and that the so-called grudge informers were just one phase of that war (Fuller 161). Logically, this cannot be a significant reason to overlook the atrocities that the informers intended to commit. The second deputy is essentially sweeping the entire period of the Purple Shirt regime under the rug, including the grudge informers. It occurs to me, as in the first deputys recommendation, that an apathetic attitude is suggested toward the wrong actions of the grudge informers. Something must be done simply to avoid another reign of terror. To not act would be the most harmful act. As Martin Luther King Jr. once said, Justice too long delayed is justice denied, let alone any step towards justice taken at all (MLK 79). Although the fourth deputys recommendation demands some action against the grudge informers, I disagree with enacting a special statute. He argues that the third deputy would perpetuate the abuses of the Purple Shirt party even though enacting a statute would seemingly do the same. The fourth deputy contradicts his own reasoning. He asserts that the Purple Shirtists used the law to their advantage by using the ones they liked and nullifying the ones they didnt, but doesnt realize his own recommendation uses the same logical sequence. Even if we were to apply existing laws to the actions of the grudge informers it would be historically unfair, let alone enacting a new law. This exemplifies the debate of the legitimacy of post facto laws, which is a delicate route. The argument of developing a new statute is dangerous and unforeseen. Furthermore, the fourth deputys recommendation relies upon the contingency that the special statute would be sufficient. And after his flawed reasoning of enacting a special statute, it would be irresponsible to believe we could approve of one that could separate the grudge informers from all the other criminal activities of that time. Finally, the fifth deputy, like the first and the second, recommends that nothing should be done and that, instead, we should allow that instinct [of revenge] to express itself directly without the intervention of forms of law (Fuller 163). I strongly disagree with this proposal. A just society should hold the highest values of law, and to accept that revenge is one of these values is to accept this type of behavior from those that are subject to the set of laws. This type of unlawful behavior reminds me of the Wild West, which is infamous for its outlaws and lack of justice administration. In addition, the fifth deputy acknowledges with his recommendation that a few innocent heads will be broken (Fuller 163). It is unacceptable that any innocent people should be afflicted under a justice system that holds the highest of values, especially one that chooses to do nothing about serious offenses. St. Thomas Aquinas would support my position when he defined Law as nothing else than an ordinance of reason for the common good, promulgated by him who has the care of the community (Aquinas 77). Clearly, the fifth deputy breaks the most basic concepts of law by ironically doing nothing. After reviewing the deputys recommendations, I conclude that the third deputy presents the best alternative to the Grudge Informer dilemma. He recognizes that we cannot deem the entire Purple Shirt regime as outside the realm of law, or, on the other, that all of its doings are entitled to full credence as the acts of a lawful government (Fuller 161). Somewhere in between those two extremes lies the problem of the Grudge Informer, which is why the third deputy offers punishment on a case-by-case basis. This particular group of people within the Purple Shirt regime knowingly used the legal system to the benefit of themselves and not of the entire society. In this case, the grudge informers were operating under unjust laws even though they were following their laws. Saint Thomas Aquinas would agree with me when he declared, An unjust law is a human law that is not rooted in eternal and natural law (MLK 80). This brings us back to the debate between Naturalists and Positivists in which I am inclined, as is the case for Fuller, to believe that there is some internal morality within law; that Law is not merely order, but good order (Adams 44). The informers themselves exemplified the positivist tradition in that they didnt hesitate at the possible morality of the situation, but followed the law with tunnel vision and consequently should be punished accordingly. Like Fuller, my perspective of the Grudge Informer is not strictly from the naturalists but, rather, one that doesnt agree with the positivists. As a result, neither Fuller nor I would agree with any deputy but the third.

Maya history essays

Maya history essays Until the arrival of the Spaniards conquistadors in 1526, the Maya civilization was a thriving nation. However, Mayan civilization changed forever after the arrival of the Franciscan monks. The religious aspect of the conquest of Mexico is important in the profound impact the Catholic religion had on the indigenoius people. One man in pacticular had a devastating effect on Mayan religious practices. In 1562, Friar Diego de Landa ordered the destruction of thousands of Mayan religious sculptures and manuscripts, along with the torture and murder of suspected Mayan non-Christians. One would think that because of the Spanish Conquest, the end of Mayan religion was imminent. However, despite the sufferings of the Mayan people, religious practices persisted, especially in rural villages. Religion was interwoven in culture, and personal history. In this way, the Mayans and their Spanish conquerors struggled for control of Mayan souls. Although Spanish priests converted the Maya to Roman Catholicism, there was a great deal of overlap between Maya and Christian belief systems. The systems were similar in many respects, and this union of customs and beliefs facilitated the merging of religions. The Mayans were converted to Roman Catholicism, but ancient practices were not forgotten. Some indigenous populations abandon their religion and accept the faith of the group that conquers them while other indigenous groups hold on to their own religions and religious practices for long periods of time. The factors of accepting Catholism depend on the political coercion and the persistence of the Spanish, the ability of the conquered Mayan people to resist by shielding themselves behind the strength of their own religious beliefs and practices and the absorption of new religion into the old religion. The Mayan civilization changed forever after the arrival of the Catholic missionaries. In 1562, the Mayan culture was dealt a severe blow when Fri...

Communication Difficulties in English Speaking Essay

Communication Difficulties in English Speaking - Essay Example In native English speaking countries such as the United States, England and Australia, the accent and the vocabularies are slightly different. In countries like India and China English is accepted as a second language and has included in the curriculum because of the importance of English as an international language. But even then peoples from non-native English speaking countries were experiencing problems in communicating with those who have English as their mother tongue. â€Å"With the number of foreign investors flocking to India and the growth of outsourcing, English has come to play a key role in professional relationships between foreign and Indian companies. Familiarity with the differences between American and British English has definitely grown as much business communication is carried out according to the language style with which a client is comfortable.† (Khokhar) This paper briefly analyzes the problems faced in communicating through English by two different groups of people from one native English speaking country, Australia and one non-native English speaking country, India. In a communication process, the addresser and the addressee use a frame of reference: their knowledge of the subject under discussion, their experience in professional or individual terms, their norms, i.e. the norms of the society in which they live, their assumptions, i.e. what is taken as a factor believed to be true. Australians and the Indians have entirely different cultures and attitudes. India is one of the biggest and heavily populated country having diversified languages and cultures whereas Australia is comparatively a small country having almost a unique culture and religion. The outlooks of these societies may be different because of their cultural differences and hence in communications also these differences can play a part. Though it is closer to British English since it originates from that style, with the influx of globalization American English has definitely had an impact on the youth as well as in the professional sphere.

Homework Assignment Example | Topics and Well Written Essays - 250 words - 16

Homework - Assignment Example 5.Go to Earth-Sun in the "to scale" mode. Click to show the masses of each object. At this point the Earths period should be 365 days (if it is not, just hit the reset button). Double the Sun’s mass. What is approximately the new period? Dont forget your units! 8. According to Newtons theory of gravity, if I double the mass of the Sun, by how much should the velocity of the Earth change? How much should the period change?. Does this agree with what you found in question 5? If not, why not? Now imagine that instead of orbiting around an object you are orbiting inside of an object of uniform density (this is possible if you are orbting inside of a thin gas with no drag for example). We will assume the orbit is circular. Newton showed that the only mass that matter for your orbiting motion is the mass inside of the radius you are orbiting as the figure below shows. where V is the volume which goes like the radius cube. The mass inside of a radius r increases as the volume increases. As I move the satellite further away from the center, there is more and more mass inside the orbit. The figure below shows the measured speed of stars (in km/s) orbiting a neighbor galaxy as a function of distance from the center of that galaxy. Kpc stands for kilo parsec and it is an astronomical unit to measure distance. On the figure, we added the image of the galaxy. Amost all the visible matter ends at 4 kilo parsec. Can you explain the graph between 1 kpc and 4 kpc? What do you think is going on between 4 kpc and 6 kpc? Between 4KPC and 6 KPc – Despite an increase in the radius increases the the velocity is increasing. The increase in velocity can be attributed to the fact that the masses of the of the bodies beween 4kpc and 6kpc are

Day with out phone Essay Example | Topics and Well Written Essays - 750 words

Day with out phone - Essay Example According to a study conducted by Nokia in 2010, the average person checks phone 150 times per day. Considering that mobile industry has changed significantly over the last two years and mobile phones have more features, there is a possibility that an average person checks phone more often than the situation was in 2010 (Ling and Scott 22). Mobile phones have changed dramatically particularly with the invention of smart phones. As a result, mobile phones have become pocket-sized, powerful, and irreplaceable tools in human life. People are increasingly relying on their mobile phones handset in performing a set of tasks. Since smart phones have more advanced features and applications than the previous phones, they automate processes that would have previously required users to use computer. Users of smart phones can do many things that could have only been done using computer in the past. Apart from using smart phones to perform tasks, users also use them for entertainment purposes (Li ng and Scott 10). In the light of the uses of mobile phone in modern times, staying away from it for only a day is unimaginable and a cringing thought. While at first it may make one feel liberated and free from the oppressive nature of a never-ending notifications influx that constantly pull people’s attention from the real world, it may not take long before one realizes how indispensable tool it is (Obeidallah para 10). A former attorney who turned to be a political comedian, Dean Obeidallah wrote a piece in CNN titled â€Å"A Day without a Cell phone† where he explained how one can tend in such a situation. In the piece, Dean noted that a day without a phone gave him an opportunity to actually have a real look at his surroundings, an opportunity he would otherwise not have had if he had a phone (Obeidallah para 11). As noted by Dean and an observation that can be shared by majority of people is that a day without a phone saves one the stress that

The ethical dilemmas faced in Banking

The ethical dilemmas faced in Banking Banks play important roles in the modern days society, these roles include opening accounts, save money in those accounts and have peoples money available at all times so they can take it out of their accounts. These roles also include giving out mortgages, giving out loans, savings, investments and protecting rights and interests of many depositors. Banks are expected to operate with responsibility, reliability, honesty and most of all banks should operate ethically. In 1921, in the Joachimson case a bank is defined as The bank undertakes to receive money and to collect bills for its customers account. The proceeds so received are not to be held in trust for the customer, but the bank borrows the proceeds and undertakes to repay them. The promise to repay is to repay at the branch of the bank where the account is kept, and during banking hours. It includes a promise to repay any part of the amount due against the written order of the customer addressed to the bank at the branch.. Bankers never do make a payment to a customer in respect of a current account except upon demand. A bank is an organisation, where people deposit their money to keep it secure however, this is only a small part of how a bank operates. There are different types of banks, there is the retail bank, the central bank and the investment bank. Retail banking deals directly with individuals and small businesses. Investment banking is a financial intermediary that carries out variety of services. This includes underwriting, acting as an adviser between an issuer of securities and the investing public and smooth the progress of mergers and other corporate reorganizations. Central bank is the governments banker. The central bank sets the interest rates, is the bankers bank, the lender of last resort and prints money According to Smith and Smith, (2003), Ethics is the integrity measure, which evaluates the values, norms and rules that constitute the base for individual and social relationships, from a moral perspective. Its very important for a bank to be ethical as it deal with peoples money. All banks should have social responsibilities towards their customers. Ethical dilemma is any situation where the moral principles cant determine whether the action taken is ether right or wrong. In banking there are a lot of right and wrongs. In modern day society have banks have ethical policies they have to obey. These ethical policies include human rights some banks may not invest in any businesses who fail to support basic human rights, also other ethical policies are Arms trade, social responsibility and global trade, social enterprise, animal welfare and customers consultation. These are some of the ethical policies a bank has to uphold. However, the question is do all the banks support and obey these policies? Unfortunately, ethical policies are still not firmly followed in the banking system. A lot of banks accept bribes in return for loans, still lend to cheating customers and most of all many banks are still convicted for money laundering. Nowadays the banking business is becoming more complex and the borderline between what is legitimate and illegitimate becomes more indistinct (Carse, D 1999). Therefore, banks have to stick to a strong set of ethics which will help them to get though all the ethical choices they face in everydays life. Banks make peoples live a lot easier, they do this by sorting out all the funding and transactions. Many people are not very good with money and thats when bank come into play. They help people save their money, they offer advice about mortgages and investing, they give out loans and they make it easy for people to pay their bills. Now image if banks didnt exist, there wouldnt be a place to deposit your money where it save, it would have a big impact on the economy, companies who have millions and billions of money have no where to keep this money and could be exposed to thiefs and mafia and all sorts of crimes and people would just have a much harder life without banks. So as you can banks play a very important role in modern days society. Many people, when they think of banks, they think of all the negatives things however, banks are not bad at all. Nowadays, there is no form of economy that doesnt have a banking sector. Banks enable transactions to take place without actually coins changing hands, they enable people to borrow money and today, we have the electronic transfer system which has made peoples life much easier and many now also issue stocks, bonds and other securities. Many have banks have recently introduced an ethical policy a good example of this the co-operative bank. The co-operative bank believes that by introducing an ethical policy they can invest for the long-term benefit of customers and, at the same time, as an investor they can improve their environment and society (co-operative bank 2002). Since the co-operative bank introduced the ethical policy many banks looked to pursue this policy and by doing this they will attract customers and gain more profit. Banks deal with numerous depositors, they enable people to deposit their money and keep it in a save place, they give advice on investing and mortgages, most importantly they give out loans. Giving out loans is a very risky business this is because people may not pay the money back to the bank. Basically the money people put in a bank is the money a bank uses for loans and they charge interest on that loan so when someone doesnt pay their loan the bank has to cover the loan in order to have enough money available for depositors to take out. Banks also offer overdrafts, this is where the bank provides a short term loan to pay off for example bills. Loans can be secured or unsecured, unsecured loans are when people pledge some assets such a car or property as collateral for the loan. Many people use their house as a security when they take out a loan. Now for those who dont pay the loan back the bank will take possession of the asset and maybe sell it to recover the debt. Before the bank takes possession of the asset, the bank will give the borrower reasonable notice. They dont just turn up one day and take possession of the asset. Also, a bank is unable to close a customers account without giving them reasonable notice. Reasonable notice could be two weeks or month nobody knows how long reasonable is. Is it argued that reasonable is that which is reasonable in the circumstances. So how do banks make profit? Well when people deposit their money in a bank the money doesnt just stay their. The bank will use this money to make loans. Now the amount of money a bank can lend is influenced by the reserve requirement which is set by the federal services. At the moment the reserve requirement is from 8% 10% of the banks total deposit. If we think about it the bank is using our own money to lend to other people, this might sound unfair however, this has a very positive impact on the economy because, lets say for example we go to the bank and deposit  £100, the bank will keep 10% of that amount and lend  £90. That  £90 is going to go back in the economy, purchasing goods and services or deposited in another bank. That bank will then go on and lends  £81 and keep 10%. That  £81 goes bank in the economy and goods and services are purchased or its deposited at other bank that proceed to lend a percentage of the total amount. Banks charge an interest on those lo ans and thats where some of their profit comes from. So if we just refer back to the question, Banking, an ethical dilemma? We shall see that banking is not an ethical dilemma at all. There many banking activities which have a positive affect on the economy and which make peoples live much easier. Banks do this by enabling people to deposit their money and keep that money in a safe place, they provide advice to customers, they offer long term and short term loan, provide customers with plenty of information and inform them on the consequences when not repaying a loan and they give people a reasonable notice before taking possession of their asset. As we can see there are many good processes a bank sees to. However, even though banking seems all perfect there is a dark side to banking. Banks all over the world graft to make profit. Banks make profit by using their customers money, basically how it works is we deposit our money in the bank, the will then go on and lend a big percentage of that money to other customers. Banks charge interest on the loans which is a big part of their profit. Some banks charge excessive interest rates on loans without informing their customers of better deals. Also, in the modern day society, many people complain of unfair bank charges. This is when the bank decided to charge the customer when exceeding an overdraft limit or when bouncing a cheque. These bank charges are unfair because the office of fair trading believes that charges more than  £12 are significantly higher level that is legally fair (Office for Fair Trading) Banking is becoming more and more complex and some bankers may have trouble explaining their business this may raise trust issues because if bankers dont know what their doing people wont trust banks with their money. Complexity of banking also raises the ethical dilemma issues. In modern days society many banks are guilty of ethical dilemmas. According to a study carried out by Mitchel et al (1992) there were seventeen kinds of unethical behaviour that banks were guilty off and here are a couple of them: bribery, defrauding government, interest fraud, deception, insider trading, discrimination and environmental harm. These

Detailed Overview of HIV Essay -- Biology AIDS

Since the onset of the HIV/AIDS epidemic 15 years ago, the virus has infected more than 47 million people in the world. With more than 2.2 million deaths in 1998, HIV/AIDS has now become the fourth leading cause of mortality and its impact is going to increase. Over 95% of all cases and 95% of AIDS deaths occur in the developing world, mostly among young adults and increasingly in women. HIV can be prevented in many ways, but they are not always followed. People die when they don't play it safe. That's why we have to spread the word on prevention. There are three main ways that HIV can be spread: 1. sexual intercourse 2. intravenous drugs 3. blood transfusions (which are very rare now because all blood is tested) HIV is spreading like wild fire among adolescents because they don't believe it can happen to them. Sixty-one percent of 14-21 year olds are engaged in sexual intercourse. The problem we have to deal with is the spreading of this disease among our generation. Scientists are trying to develop a cure for the AIDS virus. There are three parts to finding the cure. The three parts are: 1. To devise a drug that will kill the HIV virus once it enters the body. 2. To create a vaccine that would prevent the disease. 3. To educate people world wide about the dangers of AIDS and how to prevent the HIV infection. In humans, the immune system acts as a line of defense against foreign organisms in the body. Though the immune system functions throughout the body, its production centers from certain key organs in the body. Various specialized cells are produced by these organs and comprise the immune system. For example: * Lymphocytes o B Cells o T Cells * Macropha... ...CR5. The CCR5 demonstrated fusion for all of the macrophages-tropic isolates but hardly at all for the T-tropic isolates, further supporting previous conclusions on the role of CCR5. Finally the researchers took a northern blot of CCR5 to analysis its RNA. CCR5 RNA was not found in the human cell lines that were tested. The human cell lines were chosen with the criteria that they were not susceptible to M-tropic isolates. Their test further supported the fact that Fusin was used as a receptor for T-tropic virus strains, and when the two strains were compared CCR5 and Fusin are the only fusion cofactors for HIV. Understanding these coreceptors is very important in slowing down the progression of the HIV virus. The HIV virus is irreversible and can only be slowed down. If they can learn more about how the virus enters cells they might be able to deter the virus.