In this class we discuss theories about various functions of the criminal justice system such as courts, legislature, and criminals. Through fictional representations of these institutions we think about how they are understood in different societies. This part of the midterm concerns the police as well as the court system and how they are represented in the video game “Law and Order: Legacies”.
You will play this game and then write a 3-page paper (legible font size 12, 1.5 line space) about your thoughts about game.  This is not a traditional prompt in that we don’t want you to answer one particular question that we have made up, instead, we want you to think about a topic for yourself that you would want to explore and give us the three-page version of that idea. As you play this game, bare our class in mind and try to ask critical questions of the game based on what is striking to you.

•    What attitudes are presented in the game towards the police? Attorneys? The legal system in general?
•    What does this game try to make you believe or think about the law? About justice?
•    How does the experience of playing this game compare to watching Law and Order on television (for instance due to you making the choices not just watching)?
•    Or you may (but do not have to) compare the game to a particular episode of Law and Order. 
Use the ideas we have discussed in class about justice, law, and law enforcement. Feel free to compare and draw inspiration from other texts in the class, but the bulk of your paper should be an analysis/close reading of the game!

Questions and Topics We Can Help You To Answer:
Paper Instructions:

The Research Report

Questions to Ask Concerning the Reporting of your Research (and that of others)

1.    Do the researchers clearly specify the main research question or problem?  What is the ‘why’ question?

2.    Have the researchers demonstrated the value and significance of their research question and indicated how their research findings will contribute to scientific knowledge about their topic?

3.    Have the researchers proposed clear explanations for the political phenomena that interest them?  What types of relationships have been hypothesized?  Do they discuss alternative explanations?

4.    Are the independent and dependent variables identified?  If so, what are they?  Have the authors considered any alternative or control variables?  If so, identify them.  Can you think of any that the researchers did not mention?

5.    Are the hypotheses empirical, general, and plausible?

6.    Are the concepts in the hypotheses clearly defined?  Are the operational definitions given the variables valid and reasonable?  What is the level of measurement for each of the variables?

7.    What method of data collection is used to make the necessary observations?  Are the observations valid and reliable measurements?

8.    Have the researchers made empirical observations about the units of analysis specified to the hypotheses?

9.    If a sample is used, what type of sample is it?  Does the type of sample seriously affect the conclusions that can be drawn from the research?  Do the researchers discuss this?

10.    What type of research design is used?  Does the research design adequately test the hypothesized relationships?

11.    Are the statistics that are used appropriate for the level of measurement of the variables?

12.    Are the research findings presented and discussed clearly?  Is the basis for deciding whether a hypothesis is supported or refuted clearly specified?


Points to Remember

§    A research report rarely addresses all the questions that can be raised about a topic.

§    After conducting solid research, you will want others to know what you have discovered concerning your topic.  The better the report is written, the more likely you will be able/want to distribute it widely (publish, send to colleagues, present findings at conferences, etc.).

§    A well-written report assists others to evaluate your work.




Specific

Misrepresentation, Plagiarism, and Assistance from Others—Produce an honest and truthful account of what you have done.  Do not claim to have done work that was preformed by others.  Be concerned with exaggerations.  Do not fabricate results or findings.  You can use other’s ideas and work through carefully citing the original authors in your footnotes and bibliographies.  You should read all referred to materials in their primary form (not taking for granted other’s interpretations of the original work).  You should acknowledge assistance by formally referring to them in the introduction or in a footnote at the beginning of the report (most often footnote number 1).


Sexist and Racist Language—You should avoid sexist and racist language whenever possible.  Empirical studies have shown that the use of such language does make a difference in the inferences that the readers draw.


Non-Sexist Language Choices:


    Sexist    Non-Sexist

    Man/Mankind    Person, People, Human Beings
    Man-made    Synthetic, Artificial, Manufactured
    Manpower    Workforce, Staff
    Man-hours    Work hours
    Forefathers    Ancestors
    Master Copy    Top Copy, Original





Your Research Paper

1.Title Page:  Includes Title of paper, Name of Student, University, Title of course, Number of Course, Professor’s Name, Word Count, location, date.


Example:








The Illicit Drug and Human Trafficking between Russia and the United States

An comparative analysis of the institutionalization of international crime






By Sponge-Bob Square-Pants


A Research Paper submitted to George Mason University
For credit in Law and Justice Around the World
Professor Bob Smyth
ADJ 490-002
Fairfax, VA

Monday, March 30, 2015

Word Count:  2,625


2)  Text:  All basic text in the paper should be double-spaced.  Indented block quotations, however, may be single-spaced.  It is also conventional to single-space footnotes, itemized lists, and bibliographies or reference lists, leaving a blank line between notes, items, or entries.  Also, please use the same font throughout the paper (Footnotes should be of a smaller font size).

3)  Pagination:  For this paper, please include page number at the bottom right corner in the footer section.  Although all pages are counted in the pagination, some of the preliminaries may not have page numbers typed on them.  The pages prior to the text in your paper (Table of Contents, Abstract, etc.) should have their page number indicated with lower case roman numerals (ii, iii, iv, etc.) in the footer section.  Page numbering for the text sections should start with the first page of your text in Arabic numerals (1, 2, etc.).  

4)  Table of Contents:  Usually headed CONTENTS, lists all the parts of the paper except the title page.  Subheads within the chapters should be included.  

5)  List of Tables and Figures:  Depending upon what is contained in your paper, entitle the page List of Tables, Graphs, and Figures.  Delete or add to this as applicable.

6)  List of Abbreviations:  If you use more than five abbreviations in your paper, please, provide a separate page entitled List of Abbreviations.

7)  Abstract:  Briefly summarize the thesis and contents of the paper.  Please read a few examples prior to attempting to write one.  It is not an Introduction!  Should be between 150 to 250 words, block paragraphed, and single or 1 ½ spaced.  Remember, abstracts are what you do in your paper, not what you will do.  In other words, do not use the future tense.

8)  Introduction:  The text usually begins with an introduction.  This will contain your hypothesis, why you are interested in the topic (why should others be interested).  A brief highlighting of your conclusions will also stimulate interest for the reader to continue reading.  It may also include your operational definitions (These can be placed in the first section of your paper as well.  In many instances, it will be to your advantage to define your terms as quickly as possible).  Try to avoid using first person pronouns.

9)  Text:  The body of the paper is usually separated into well-defined divisions such as parts, chapters, sections and sub-sections.

Section and Sub-section:  In some papers (most likely the kind you are writing for this class), the author divides it into sections and sub-sections.  Such divisions are customarily given titles, called subheads or subheadings, which are differentiated typographically and designated first-, second-, and third-level subheads.  The principal, or first-level, subdivision should have greater attention value than the lower levels.  Centered headings have more attention value than side-heads and italic, underlining, or boldface type has more than text type.  Attention value is also enhanced by leaving some blank space above and below all but run-in subheads.  



US Laws and Enforcement (first-level)


Federal Laws (second-level)

The law (third-level)

Text.

Court Rulings (third-level)

Text.

Etc. until:

Summary (second-level)



Russian Laws and Enforcement (first-level)


Federal Laws (second-level)

The law (third-level)

Text.

Court Rulings (third-level)

Text.

Etc. until:

Summary (second-level)



10)  Conclusion:  This will be the final section of your paper.  Spend some time on this section.  Too often students have completed a good paper and then, provide a very weak conclusion—this always depresses your professor.  If the paper was solid and there is just a brief conclusion, it affects your grade negatively.  However, be careful not to make statements in which you did not provide support in the paper.  Additionally, try not to include new material/information in this section.  You can at the end of the conclusion suggest, based on the research you conducted, what might be worthwhile to investigate in future research projects.

11)  Footnotes/Endnotes:  Consistent use of style.  Please use footnote citations. Chicago Manual of Style—If you chose another citation method, remain consistent!  If you have a large number of graphs and charts, it may make sense to use endnotes instead of footnotes.  However, those using MLA for this paper will automatically be starting with a disadvantage.

12)  Appendices:  Should be divided into logical sections and well written if in the form of text.

13)  Methodology:  Depending upon the paper, you may wish to address this in the first section.  In other cases, it might be included in the Appendices.  

14)  Bibliography:  In alphabetical order, list all sources used.  May be divided based upon type of material if you wish (Journals and periodicals; Books; Web sources, etc.).

Questions and Topics We Can Help You To Answer:
Paper Instructions:

Paper Question: What are the differences and simalarities between the experiences of these different groups? What is the driving force in creating these outcomes?

https://caringlabor.files.wordpress.com/2012/05/unequal-fredom_-how-race-and-gender-shap-evelyn-nakano-glenn.pdf

Questions and Topics We Can Help You To Answer:
Paper Instructions:

Introduction to Administration of Justice  

Research 
Research Question Over Section 3 (Chapter 8 and 9)
•    The research/discussion question is worth up to 50 points. 
•    I do not want your personal opinion. I want an informed opinion(s) based on research or sound reasoning.
•    The assignment will be assessed for the following: 1. How well you clearly identified the discussion question for your reader. This is the easy part because the discussion question is listed below. 2. How you supported your position: Are your informed opinions and facts documented. Remember to evaluate viewpoints, facts, and behaviors objectively.  Analyze the pros and cons. Suggestion: Do not draw a conclusion first, and then try to find facts to support it-this frequently leads to narrow (and incorrect) thinking. 3. Appropriate use of citation and sources.
•    Length of discussion paper a minimum of two typed pages not including cover sheet or source page.
•    Font size 12 and double spaced.

Discussion Question: The Plea Bargain: When Kathleen Rice took office as district attorney for Nassau County, New York, she was dismayed to see that one-third of the people arrested for drunken driving in the county had previous convictions for the same offense. “The message was that you can do this as many times as you want and you’re always going to be given the option to plead out to the equivalent of a traffic infraction,” said Rice. As a result, she instituted a “no deals” policy of her own for drinking-and-driving charges. Not surprisingly, Nassau County’s defense attorneys have not reacted positively to Rice’s plan. “People need some degree of hope, and under [her] policies, they’re not getting it,” complained one. What is your opinion of “no deals” policies for specific crimes? If you agree with this strategy, to which crimes would you apply it and why?

Questions and Topics We Can Help You To Answer:
Paper Instructions:

Each student is expected to actively participate in the weekly discussion forums by posting answers to the following questions.

How to Find an Attorney

-Differentiate a corporate attorney and an intellectual property attorney or patent agent
-Interviewing Attorneys - what questions do you ask to determine your needs?


The questions are based on the book: Small Business: An Entrepreneur's Business Plan (9th Edition)

Chapter 10: Legal Concerns-Staying out of court

This chapter deals with the use of attorneys, and why you should not try to cut corners. This will make for a good discussion of all the legal problems that can face a small business.

Chapter 11: Build, Maintian, and Thrive with a Winning Team-Teaming with Passion and Following the Law

This chapter stresses the improtance of the hiring process, and workds to expand on many of the concerns from the previous chapter.

Questions and Topics We Can Help You To Answer:
Paper Instructions:


the question about MINORITY GROUPS, INTERNATIONAL HUMAN RIGHTS

To what extent, if at all, can rights of minorities and indigenous peoples be regarded as collective rights?

Critically discuss with a special emphasis on debates over individual and collective rights in the theory and practice of the field.

Federalism and Superiority of a States’ Rights Approach to Marijuana

Based on the United States constitution the tenth amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people”. The purpose of this amendment was to prevent specific groups from holding too much power over others. This has been done through passing laws that affect the entire state within the union.

This can be evident via the quest for states to legalize the consumption of marijuana. This is a drug that is not liked by many despite being relatively harmless, however, causes issues within society. In present-day societies, people need liberty, the federal government also has the mandate to enact laws, even when it's not for the sake of freedom (Larkin 495). Similarly, states have the right to pass legislation, even without control from the federal government. Some of these actions are a direct violation of the tenth amendment, which is in most of the instances not taken seriously, from the governments to the local societies.

There are often cases that have been filed against the tenth amendment by the federal government. These cases can be deemed as wrong especially those on marijuana, and the judgment passed has been in line with the party lines, rather from the constitutional point of view (Wallace n.p). This is an action that causes a fight between the people and the federal government, which is a critical issue that needs to be addressed. Selin (n.p) states that the COVID-19 pandemic has come as an intervention leading to an increase in attention to the federal government. There is a need to recheck on federalism, which can be achieved through making policies that issue some areas to the federal government and others to the states.

Work Cited

Larkin Jr, Paul J. "States' Rights and Federal Wrongs: The Misguided Attempt to Label Marijuana Legalization Efforts as a States' Rights Issue." Geo. JL & Pub. Pol'y 16 (2018): 495.

Selin, Jennifer. "How the Constitution’s Federalist Framework is Being Tested by COVID-19." (2020).

Wallace, George C. "Statement and Proclamation of Governor George C. Wallace, University of Alabama, June 11, 1963." Alabama Department of Archives and History. [http://www. archives. state. al. us/govs_list/schooldoor. html]

Judicial Approach to Public Administration

Advantages of Judicial Approach to Public Administration

For about 40 years ago, the impact of court intervention in the public administrative process was not universally observed as positive or constructive. However, recently, many places like prisons are regarded by the courts as involving 'mere housekeeping' matters and remain fully untouched by judicial reassessment. In recent years, effective changes have been made in the criminal justice system whereby courts have made an extra step to look beyond the first impression of a court appearance in acquiring the observance of procedural safeguards. Also, they have made a step forward beyond the sentencing stage to look at post-conviction imprisonment, whether in mental institutions or prisons (Osorio & O’Leary, 2016). Like in the district of Columbia, a court reassessed a decision whether to set free a sentenced child molester who was no longer considered dangerous even if the child had not been fully recovered.

Moreover, the Supreme Court has discovered the situations under which the state prison officials might censurer prisoners’ mail and procedural assurances which must go with in-prison disciplinary proceedings. These situations came to halt under the criminal justice system, although, the reach of courts just affected a small percentage of administrators. Due to changes in the criminal justice system, many petitions of asserted but not proved actions from schools, hospitals, and all other parts of the administrative process, have been brought forward before the court for judicial review (Cobbe, 2019). The growth of public support accepted service programs and public interest law firms has accelerated the expansion of court activities. It should be noted that judges don't have the power to intervene in government affairs on their own. Hence, courts are only involved in the administrative process only if a party feels that it has not received justice and petitions for readdressing.

Problems of Judicial Approach to Public Administration

To understand the problems involved, we can look at the doctrine of the separation of powers, not as a legal constitutional law, but as a political precept. The Founding Fathers had considered it, so they divided the powers not to ensure efficiency in the government but to safeguard it against the jurisdiction of an absolute ruler. The state and federal constitutions do not clearly define the terms executive, legislative and judicial. Therefore, a certain combination, as well as separation of powers, is required if effective work done by our public officials is realized. But the problem of effecting theoretical separation of powers is recognized all over (Osorio & O’Leary, 2016). Accordingly, legislatures have resolved contempt charges, election contests, divorce cases, and claims against the government, and have also enforced many obligations considered to be executive acts, for example, organizing corporations. The executive subdivision, in hearing cases concerning revocation of various kinds of licenses, workmen’s compensation, and removal of individuals in the civil service, must understand and interpret the law.

The judiciary, on the other hand, compels the law by its power to grasp in contempt and to issue written orders of execution and judicial process. Also, it declares a rule of law applicable to the case at bar where none exists. All departments exercise some sort of judgment and discretion when performing their duties (Guimaraes, Gomes & Filho, 2018). However, courts have not given any sort of tests for legislative, executive, or judicial functions. Constitutions are imperfections on the legislative, and concession to the executive and judicial arms of the government. The judicial authority concerning the mass of decisions interpreting the separation of powers clause embraces every kind of jurisdiction, activity, or power.

References 

Cobbe, J. (2019). Administrative law and the machines of government: Judicial review of automated public-sector decision-making. Legal Studies, 39(4), 636-655. doi:10.1017/lst.2019.9

Guimaraes, T. A., Gomes, A. O., & Filho, E. R. (2018). Administration of justice: An emerging research field. RAUSP Management Journal, 53(3), 476-482. doi:10.1108/rausp-04-2018-010

Osorio, A., & O’Leary, R. (2016). The Impact of Courts on Public Management: New Insights From the Legal Literature. Administration & Society, 49(5), 658-678. doi:10.1177/0095399716682329

Powerful State Complying with the International Law

Introduction

International Relations in the contemporary world matters. Mentioning international relations we focus on the interaction of nation-states as well as non-governmental institutions that get involved in fields revolving around economics and more importantly in politics. In the academic scope, the study of this aspect makes an individual richly connected with the complex global demands based on international relations and issues that are related to national boundaries. Additionally, the study and practice of international relations are deemed as interdisciplinary subjects comprising economic fields, history, and political science. Robust comprehension of the latter areas of study helps observe human rights, other concerns such as globalization, global poverty, environment, and political environment. Also, this study will be deemed incomplete if it addresses international relations and leaves realism outside. Readers might ask why realism and the response will be, realism is the oldest international relations theory.

In contrast to what is referred to as liberalism and idealism, realism, also known as political realism, is a view of international politics whose emphasis is on the competitive and conflictual side. People who believe and practice realism are known as realists, and they consider the principal actors in maintaining the international arena as the states. This consideration comes out as the state is much concerned with its security, pursuit of national interests, and struggle for power. On the bad side of realism, it is the fact that nations are much concerned with their power and self-interests, which creates an attitude of doubt on keeping and observing the ethical norms that regulate relations among states. The presence of doubt within nations has great potential to cause injustice across states and nations, resulting in conflicts. Based on realism powerful states as a cause of conflicts is seen when they act in accordance with international laws. The powerful states have been repeatedly found to break the international laws when they are interested to do so. However, in this context, we need to address how powerful states can become compliant with international law.

International Law

The existence of harmony and balance of the globe is regulated by a body of laws. These laws are formulated and enforced by a collective body, with representatives all over the world. These individuals generally have generated a set of laws known as international law (IL) which is a set of rules generally regarded and accepted by the members of the world. These rules serve as binding between states and between nations. More importantly, the rules serve as the stabilizing framework for stability and achieving an organized international relation (IR). However, the international laws sometimes differ from state-based legal systems making them applicable to some countries and not to other private citizens (Beck 275). In other incidences, national laws, especially on those of powerful countries might become international law after delegating national jurisdiction treaties to supranational tribunals. When making these international laws it is always important to ensure that the rules are guided by piecemeal international customs, agreements, largely voluntary, unity enforcing, and accords. Further, the international laws should be characterized by charters and legal precedents of the international court of justice, which is known as the world court. All the members agree voluntarily to follow and adhere to the set agreement, and violation should attract penalties and punishments.

International Law and International Relations

Some scholars use international relations and international law interchangeably. Although the two do not mean the same thing but have a very close relationship. When addressing the broader political system we cannot fail to address the role of international law in ensuring successful international relations. The latter area of concern has been of concern following the increase in global politics, and the aftermath of war paradigm on realism, which in common practice have been deemed virtually irrelevant when it comes to high politics (Scott 313). In this context, international politics are regarded to have little or no inherent significance on the concept of power and international law. Thus the powerful countries retain the power-law dichotomy, which works best in hindering moves towards achieving a sophisticated significance of international politics and international laws. Based on these arguments we can generalize that the aspect of international relations and laws are under the control of powerful countries.

Realism and International Law

Realism is a key component that can offer the best picture of modern international politics. This aspect goes hand in hand with modern realism, also known as political realism. This aspect emphasizes the role of the nation-state making assumptions that all nation-states are guided and motivated by national interests and not moral concerns. Every state is defined to show concern only on its interests in the bid to preserve its autonomy and its territorial integrity. Now, after securing these two national interests then some nations might shift their interests on securing more resources, others wishing to expand political and economic systems. However, in order to achieve these interests, the key determinant is the power, national power. The latter power is defined in terms of military, economic, diplomatic, or cultural resources (Orsi et al. 1). However, based on realism power is relative, where the international system shows concern for the anarchical environment. For this case, all the states have no option but exclusively rely on owns resources in securing their interests, and enforcing what they have agreed upon with other states. Adhering to these agreements, therefore, results in the domestic and international order.

However, most of the power states have violated the agreement for their own interests. Violation of the set laws results in conflicts, it is, therefore, advisable for these most powerful countries to adhere to the set laws and obey the international law. Although, there have been difficulties for the realists to portray international law ability, on occasions when these powerful states decide to violate the international law serves their interests. We can therefore state that realism is unable to give an account of the third world commitment and contribution to international law (Scott 318). The reason for this argument is the fact that these countries are less powerful and thus with little or no say in the international context. International law cannot address the grievances but instead uses the law for its own benefits. We can therefore conclude that the position of realism in international law has been positivism and thus non-legal. This makes it incapable of influencing the implementation of such laws.

Realism and International Relations

Discussion of political realism and international realism to some readers seems to them extremely unrealistic, idealistic, and even impractical and therefore a waste of time. This is based on what the majority of the political theorists have done, imparting a belief that realists view the world through a power-based political dimension.  Additionally, realists of the contemporary world have a focus on radical and extreme realism (Art, Robert and Robert Jervis issues 13). They have also a great concern for classical realism whose emphasis is on the national interests and that everything done is for the reason of the state. The concept of realism and international relations have been intertwined, realists get much concerned with the constraints that have been imposed on politics by the nature of human beings. The reason why we address human beings is that they are egocentric and common practice there is a lack of international government.

The absence of an international government has been associated with some issues. In the same way, this factor among others contributes to conflicts in the international realm, with the key role players in this context are the states, with the main concern being on power and security. Further, the states were seen to show less emphasis on mortality, as an important nature of humans. The reason for mentioning human nature is because this is the starting point of classical realism. According to classical realism, human nature is characterized by egoism and self-interests which corrupts moral principles. According to Thucydides, who wrote the history of realism, people give more weight to self-interest over mortality, thus consideration on whether right or wrong cannot turn people aside of the opportunities that lie within their superiority in terms of strength (Bell e12403). Further, in the contemporary world, neo-realists, deem the absence of government to be the key determinant of international political outcomes. Similarly, the lack of a government means that there is no common rulemaking and authority, this is the reason why the realists argue that there is no international arena, and thus the entire system is a self-help system.

Additionally, from this perspective of self-interest, generally the political realism, each state makes what it makes for survival with a free definition and each country has its interest and pursuance to power. The latter condition has made the majority of the powerful states override the shaping of the relations, and primarily enforce an order for them to survive independently. Moreover, these powerful states do all what it takes to increase their power, making them engage in power-balancing to discourage their potential aggressors (Bell e12403). In extreme conditions, the strong nations get engaged in wars to prevent the competing nations from becoming stronger. Therefore, with this approach mortality in international relations is not an issue that raises concern. This portrays how the international community and the relations have foregone morals, instead, morality should be addressed at the state level.

Compliance with International Law

The view on realism in the contemporary states and nations seems to change. We reach this statement as significant sectors and governments from the powerful states have started complying with international law. However, it is important to note that the compliance is not because of discovering the impact of international law, but out of goodwill to maintain good conduct with the low-power states and more importantly create aggressive international relations. More so, a common reason why the powerful states get involved in the international laws is because of the little cost of compliance, otherwise, they would not do so. In a bid to prove this reality, Heath Pickering provided various reasons why states whether weak or strong obey international law. In his discussion, he tries to respond to the question about compliance or not to.

Heath state that states of today’s world, regardless of their power have been compelled to stick to behavior that accords to the legal laws and accepted norms. According to Goldstein and colleagues compliance to legal issues has been simultaneous almost across all states however, the degree of compliance is different. In order to achieve comprehensive information on compliance states considered to possess the same power were assessed. From the report, it was discovered that compliance is not limited to weak and powerful states but also to states deemed to be comparatively similar (Elvy 75). Additionally, compliance within the powerful states also varies, similarly as in weak states. The reason for this is the commonalities in the weak states which depend on external aid for their development. Their engagement and involvement in international law and the signing of treaties is to help them acquire aid from the powerful states.

Further, in order to understand the aspect of compliance, the realism theory can explain this best. The concept of realism is a naturally doubtful process that entails involvement into formal agreements that would directly impact state behavior. Based on realism the guiding factor is always self-interests and therefore compliance to the standards of the international treaties, for the powerful states are only guided by their interests to do so, even when the treaties do not exist. In addition, some other political philosophers such as Jean-Jacques Rousseau revealed that international laws are ineffective and their result is international competition (Vorderbruggen 2). Contrary to the latter philosopher, Hobbes is a bit optimistic and argues that international law would help eliminate much trouble and make states live in peace as opposed to wars. However, there is a dilemma when it comes to the obligations of international law as they seem to have little or no influence on powerful states.

Having it in mind that states interest is central still, there are options to think about. The aspect that makes these states together and still believes in the enforcement of agreements is liberalism. This is because liberals have a great understanding of the importance and role of interstate relations (Koh 2599). Now, following this understanding, states agree to comply with the accepted norms and follow them. However, it is not always that after conforming to the laws the states must obey them mostly because of the nature of the state. It must then be noted that nations do not comply with international laws because they lack the obligation to carry on, but they do so if they feel that they are legitimate and fit to the accepted norms.

Realism in Practice

Realism has been in practice with real case studies in the contemporary world. Various case studies can be used to expound on realism but in this context, we will focus on the Islamic State group. Although people might wonder how and why the Islamic state, but Islam is a globally known group though not officially recognized. The aspect of statehood among this group is because they have possession of the significant territory in Iraq and Iran. Just as on hat is explained about realism the Islamic state count on self-help to guarantee their own security, which is confined under two strategies, the balance of power and deterrence. Based on the balance of power the state has made flexible allies while on deterrence they engage in treaties, which are evidence for a loose coalition and the reason why states like the US and Russia attacked the Islamic State groups. In this context, the US and Russia are the powerful state or the superior forces, whose aim was to gain control over the territory that was under Islam rule. Based on realists the Islamic nation's attempt is a cause of terror and a cause of counterbalance of the western influence and for this reason, they were extremely cautioned by the powerful states. Therefore, the highest goal for a state's survival should show concern for ethics and responsibilities but not moral principles.

Works Cited

Art, Robert J. and Robert Jervis, International Politics: Enduring Concepts and Contemporary Issues 13

Beck, Robert J. "Teaching international law as a partially online course: The hybrid/blended approach to pedagogy." International Studies Perspectives 11.3 (2010): 273-290.

Bell, Duncan. "Political realism and international relations." Philosophy Compass 12.2 (2017): e12403.

Elvy, Stacy-Ann. "Theories of State Compliance with International Law: Assessing the African Union's Ability to Ensure State Compliance with the African Charter and Constitutive Act." Ga. J. Int'l & Comp. L. 41 (2012): 75.

Goldstein, Joshua S., Jon C. Pevehouse and Sandra Whitworth, International Relations, 3rd. Canadian Edition (Toronto: Pearson, 2013).

Koh, Harold Hongju. "Why do nations obey international law." Yale lj 106 (1996): 2599.

McGlinchey, Stephen. International relations theory. E-International Relations, 2017.

Milner, Helen V. "International Relations." A Companion to Contemporary Political Philosophy (2017): 214-225.

Orsi, Davide, J. R. Avgustin, and Max Nurnus. "The Practice of Realism in International Relations." E-International Relations (2018).

Scott, Shirley V. "International law as ideology: Theorizing the relationship between international law and international politics." Eur. J. Int'l L. 5 (1994): 313.

Vorderbruggen, Katherine. "A Rules-Based System? Compliance and Obligation in International Law."

Hammurabi’s Code Regarding Babylonian Government Regulating Family Life

 Hammurabi laws demonstrate societal challenges and formulated laws to solve communal challenges. Ancient Babylonians owned private properties and needed regulations to safeguard their properties. This way, people who possessed land were protected from unfair practices. Additionally, they also unveiled a hierarchical community therefore slaves were heavily punished than the upper class (Hammurabi, 2015). For instance, people could be penalized for committing crimes against family members and the caste system.  Through the framework of Hammurabi regulations, Babylonians who had properties could control their inheritance. This way, the laws could establish people who were liable for damages and ensured that their property was protected. In simpler terms, the community could exist harmoniously without any quarrels between various people in the society.

In terms of the daily management of the house, they stated that if the man or leader of the family leaves, and rents his land. If the newcomer rents it for more than three years, the landowner has no right to claim his property back as the current owner has to continue to use that piece of land for his good (Hammurabi, 2015). This one of the way of coming up with ways of keeping the family unit protected and operative due to the chance of coming up with concrete ways of persistent members of the community productive ad active. Also, this ensured the fair exchange of property between members of the community. When compared with other regulations, the Hammurabi regulations were sensitive to the plight of people and ensured that all family members lived in harmony without harming anyone. More the role of the regulations was to keep the citizens productive and loyal to Hammurabi.

References

Hammurabi, H. (2015). The Code of Hammurabi. Internet History Sourcebooks Project.

Federalist analysis

1.

           Hamilton argues that federal judges should have life tenure for as long as they maintain GOOD BEHAVIOUR. His argument is based on the belief that good behavior is an important trait for judges. Since judges hold the final ruling, good behavior acts as a measure to ensure that they remain fair in all their rulings (Hamilton, n.d). However, since judges are also human and can also make mistakes that interfere with their rulings, Hamilton argues that the character displayed by judges in all aspects of their life should thus determine how long they remain in office. Good behavior is therefore used as a representation of the type of person the judge is in the eyes of society and their commitment to uphold good morals and also observe ethics when making rulings. 

I agree with Hamilton’s argument that judges should serve life tenures because the position requires experience and a sense of authority. Judges often have to hear different cases and compare evidence before making just rulings. Although education systems equip law students with enough skills and knowledge to become good judges, experience brings in wisdom and an ability to discern facts that can only be achieved over time. Life tenures, therefore, give judges the ability to gain more knowledge and skills which in turn helps victims to receive the justice they seek (Hamilton, n.d). Hamilton however ensures to restrict the power that judges have by including a clause where judges can only retain office if they retain good behavior. The provision ensures that judges remain fair and just in their rulings while also giving the public the means and power to bring down judges who abuse the power afforded to them by their position.

References

Hamilton A, (n.d) “Federalist #78”

Criminal and civil law in Australia

Criminal Law

            Criminal law is one of the oldest forms of law used in Australia. In practice, a representative (prosecutor) is selected to prosecute an individual accused of breaking the policies that govern the community. Going against the agreed laws and policies that govern the community is considered a criminal act especially if the offense is committed against the public, an individual, society, or the state. The individual can be found guilty of the criminal offense if the actions engaged in were against the law regardless of whether it caused harm to others in the process.

           The laws used in Australia bear close similarities with those used in different parts of the world. The laws consider acts such as theft, sexual assault, and murder to be wrong and those found guilty are punished by the law (Finlay & Kirchengast, 2019). There are criminal law codes in different jurisdictions across the country that deal with criminal offenses and ensure that justice is delivered. 

           For an individual to be found guilty of a crime there must be sufficient evidence to prove that the individual committed the crime. The evidence must prove that beyond any reasonable doubt that the crime would not have occurred were it not for the involvement of the accused (Finlay & Kirchengast, 2019). The judge and jury then make rulings based on the evidence presented and their moral code to determine whether the accused is guilty or not.

Civil Law

           Civil law refers to actions that result in harm or loss to another person or entity. Civil lawsuits are used in court by individuals who experience some form of harm resulting from recklessness or negligence from another person. The civil lawsuit can be filed regardless of whether the recklessness or negligence from the accused broke any laws or not. If, for example, a customer slips and falls due to slippery floor in a supermarket, the customer can file for a civil slip and fall lawsuit to get compensated for any injuries resulting from the fall. An argument can be made that the management was negligent and failed to keep the walking area safe for its customers.

           Civil law deals with disputes that occur between citizens in a society that cause some form of harm or inconvenience despite the actions not being against the law. Both parties involved in the conflict are expected to collect evidence and make their case in front of a judge (Gans, 2012). Similar to criminal law cases, a judge evaluates the evidence presented and uses the information together with what community and state laws to determine who was at fault and what needs to be done to resolve the dispute.

           Rulings made in civil cases are different from criminal cases as they can be contested if any member feels that the ruling made was wrong. The appeal is then taken to a higher court until it reaches the highest court (Gans, 2012). The ruling made by the high court is however final and no further appeals can be made once the case reaches this level. Unlike in criminal cases, civil cases only require the plaintiff to provide a preponderance of evidence to show that the accused was more likely to have committed the crime (Australian Government, 2010). The accused can therefore be found guilty even in the absence of sufficient evidence to prove beyond a reasonable doubt that the accused was guilty.

References

Australian Government, (2010) “Civil and criminal proceedings” Autralian Law Reform   Commission, retrieved from, https://www.alrc.gov.au/publication/family-violence-a-        national-legal-response-alrc-report-114/8-family-violence-and-the-criminal-law-an-        introduction-2/civil-and-criminal-proceedings-2/

Finlay, L., & Kirchengast, T. (2019). Criminal law in Australia. LexisNexis Butterworths

Gans, J. (2012). Modern criminal law of Australia. Cambridge University Press