Law's Jurisdiction Over Us Analysis

Superior Essays
“What is the Grounding for the Law’s Jurisdiction Over Us?”
Imagine a house fire starting and your neighbor having to watch all of his memories, possessions, and his house burn down because there are no laws existing to provide services and responders. There would be no taxes collected to fund fire departments, police departments or hospitals. There would be no help. This anarchy would exist because the citizens would not accept the law’s jurisdiction over them. To have peace and prosperity we must have some law. We allow the Law to have jurisdiction over us based on certain grounds such as protection, preserving our rights and avoiding anarchy. However, some citizens believe that the Law is too restrictive and intruding in their lifes. People argue that the laws could be too invasive. For example, during the British rule they forced
…show more content…
Machiavelli stated, “The government should be both feared and loved but it’s safer to be feared than loved” (Machiavelli 679). Now in modern day, fear is still there but in the form of laws. The fear of punishment for defying laws is what keeps citizens in line and from committing crimes. The fear of breaking these laws is what keeps our society from descending into anarchy, in fact, “. . . but fear is maintained by a dread of punishment which never fails” (Machiavelli 680). Although when citizens do stray from the Law’s guidelines and commit crimes, they have to suffer the consequences of their actions. In Machiavelli’s time this would be used in terms of killing the criminal: “And when he [the prince] is obliged to take the life of anyone, let him do so. . .” (Machiavelli 680). In today’s society the consequences of such crimes are not as harsh and the government has reduced the use of capital punishment, “The law should establish only those penalties which are absolutely and evidently necessary” (The Declaration

Related Documents

  • Decent Essays

    I too think that having a gun on school grounds is a serious crime. In the case of United Sates v. Lopez it should have only been up to the state to punish him, but that wasn't the case. Lopez's crime should not have been punishable under the Commerce Crime and that was exactly what the ruling upheld. The Commerce Crime had nothing to do with the Gun Free School Zone Act and therefore it was unconstitutional. Great discussion.…

    • 79 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Thin law is primarily based on the idea of procedural laws that make up a legal system that is meant to limit arbitrary power, whether it is tyrants or other legal figures. Thick law is substantive, that encompasses a much wider range of individualistic laws that protect human rights yet limit the power that a population as a whole has. Fuller’s theory on legality is congruent with thin law as he heavily emphasizes the 8 features that a legal system should encompass. The main features being clarity and constancy, which reside with a thinner rule of law; stating that laws should be concise, and citizens should have a clear view as to how to follow and conform to the law. Fuller discusses these key features as a relative control for the legal system to act upon, allowing judgments to be derived from these procedural laws giving a sense of rigidity and specificity.…

    • 703 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Jonah Goldberg is the editor of National Review Online and author of The Tyranny of Clichés: How Liberals Cheat in the War of Ideas. He takes the standpoint in favor of the death penalty and that those who oppose it, whatever the intention, cannot hold against the argument. A minor point of his would be that opponents tend to avoid cases where the audience would not sympathize with their argument. After reading his article “Why Death Penalty Opponents Can’t Win,” I agree with his opinion because it deters crime, there are cases where uncertainty is not an issue, and it is just to execute a criminal who deserves to be executed. It is difficult to defend politically the death penalty in a country where thirty-one out of fifty states favor it.…

    • 578 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Christine Li In an effort to encourage national unity during World War I, American Congress enacted the Espionage Act (1917) and the Sedition Act (1918) which acutely limited 1st Amendment freedoms in order to restrain anti war discord. In the Schenck Vs.…

    • 948 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    DMW: A Rhetorical Approach Human life is the most sacred phenomenon man-kind possesses, for centuries humans have pondered their existence, and its meaning. Every person’s life has an intrinsic value which should never be taken by anyone, including governmental systems. Capital punishment dates back as far as 17th century B.C. During that time the Draconian Code of Athens, the death sentence, was the only punishment for all crimes.…

    • 1985 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The interviewees often thought of themselves as coming “before the law,” and in an oppositional relationship in which they were in a bureaucratic, definitional remove, with no ability to affect the law, nor did they have the aptitude to define its meaning purpose, or ends. This is the most original to traditional notion of the law as well as being objective, and as an external apparatus operating on society and individuals. The Rule of law is seen as a buffer between the individual and their society. This is law and society- life definition in the formal sense, and not a legal consciousness or…

    • 1030 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Human beings need to be controlled by fear, or else humans would probably wind up killing each other. The fear we are controlled by is the dread of imprisonment, or being stripped of our rights. laws enforce that terror owing to the fact that if someone breaks the law, they'll be confined to a small, torturous cage known as prison. If we had no laws, we'd be extermination the fear that controls us, and as a result, society would fall into chaos. While I do believe that it is wise to control humans with legislation, I also admit that these regulations should fair and reasonable.…

    • 549 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Right Court but the Wrong Appeal Pay No Attention to the Men Behind the Curtain: The Supreme Court, Popular Culture, and the Countermajoritarian Problem is an article written by Adam Burton. His article depicts how the American people view the Supreme Court through pop culture, and how this relationship affects the public’s confidence in Judiciary Review. The article also demonstrates how the increased exposure of the Justices personal lives through highly televised confirmation hearings has not sparked the public’s interest into the inner workings of the court.…

    • 678 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Since earlier times, deviance has been prominent in society. Overtime offenses have gradually been taken more seriously due to a better understanding on the reasoning of crime. Although criminologists theorize the origin of crime, it is still a blurry line on whether the perpetrator should physically be held accountable for his or her life. This ideology can date back to the Code of Hammurabi, where corporate punishment was a form of discipline. Corporate punishment consisted of inflicting any physical pain onto the perpetrator that was measured to the offense.…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In this paper I have presented both an argument in favor of the death penalty and against the death penalty. To start with there is a brief history of capital punishment including some important legal cases. Many arguments can be made as to the morality of execution, below I describe the deterrent effects as well as a common view held by Immanuel Kant in support of capital punishment. Both of these views are shared by many people. In opposition to capital punishment I have considered the fundamental view that killing, even a murderer, is wrong and the morality of charging juries with understanding the laws that govern sentencing.…

    • 1862 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Tajae Hinds Of Crimes and Punishments Essay Cesare Beccaria’s critiques of criminology in Old Regime Europe were, as some may say, ahead of his time. The Old Regime was predominantly built on a tradition of absolutism in government and its legislature. That being so, Beccaria’s critiques of these institutionalized traditions spoke volumes about what needed to be fixed, and posed solutions to said problems. In his treatise Of Crimes and Punishments, the criminologist mentions the obscurity of laws, as well as the interpretation of laws. To this day, remnants of Beccaria’s philosophies and its principles are still relevant, echoing throughout the judicial and legislative models in nations around the world.…

    • 1073 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Laws sets a barrier to which we can make decisions on our own and pushes us to our own boundaries. In particular this relates to me because there was this moment in my life where a law limited my decision making. I wanted to make the decision to drink alcohol to have…

    • 768 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    When Election Day comes around, everyone that is registered to vote does so because they feel as though they should have a say in who is in charge of the country they live in. The question is, is voting a right as a human being or a right as a citizen? Do people do it because they believe by voting they can pick the person they like for themselves or is it an act as a citizen to pick the better person who would make the country a better place? Would people still vote if they knew the two candidates were equally bad for the country? Would they still feel obligated to vote as a citizen?…

    • 1400 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    One of the most debated ethical issues throughout the entire history of man, has been capital punishment (death penalty). Is it necessary, and more importantly, is it moral to put someone to death for a crime which they have committed? This questions has been raised and debated in every country and at every period of time, as far back as known history will allow us to observe. This paper will present and discuss the dilemma of capital punishment on ethical grounds and present arguments both for and against capital punishment. This paper will also look at the history and evolution of capital punishment, as well as attempt to gauge what will become of the practice in the foreseeable future.…

    • 783 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Justified Murder Essay

    • 1941 Words
    • 8 Pages

    Justifiable Murder n after by sentencing over 72,000 to death in his reign. ()By the 1700’s English established that over 200 different crimes that would seem nearly insignificant today were punishable by death. For example, execution was a reasonable punishment for cutting down a neighbor 's tree. ( ) In the days of monarchy few doubted the morality of executions. Most believed that king had the divine right to do so from God himself.…

    • 1941 Words
    • 8 Pages
    Improved Essays