Jurisprudence

Mark Tushnet stated “critical legal studies is a sustained attack on all types of formalism.”1 In the late 1970s a group of like minded left wing scholars came together at a conference and created a movement known as Critical Legal Studies (CLS). Their anti-establishment polemic attack opposed the legal orthodoxy of formalist legal doctrine. This essay will critically evaluate how the CLS movement challenged formalism. Firstly exploring the CLS challenge to the scientific approach of formalism,…

In McHugh J’s dissenting judgment in Masciantonio v R he argues that the characteristics of an ordinary person of the same age, race, culture and background as the accused should be implemented when applying the law of provocation preventing the likelihood of discrimination and injustice. Further, he goes on in saying that in a multicultural society such as Australia, the notion of an ordinary person is pure fiction and that cases heard by juries of predominantly Anglo-Saxon-Celtic origin would…

United States is key in keeping up an ethical government. Each person has their own exceptional point of view on life and along these lines there can be pretty much the same number of types of ethical quality as there are people on the planet. Jurisprudence Statute suggests making an assemblage of law and systems for translating the law, concentrating on the connections in the middle of law and society, and anticipating the impacts of lawful choices. It alludes…

The first area being “juvenile therapeutic jurisprudence” or realizing that children are not mature making them more vulnerable to making decisions that are not in their best interests (Ungar, 2012). This idea is how the need for mental health services to treat individuals was established, and now an…

Analysis: Souza Smith writes about the 2016 Marshall Island’s Nuclear Disarmament case: “It is understandable that courts will be cautious about frivolous litigations. At the same time, they must balance this concern against the international community’s interest in providing access to justice and promoting the peaceful settlement of disputes. This is all the more important at the ICJ given how difficult it is to seize its jurisdiction.” The International Court of Justice (ICJ) cautious…

CHAPTER – I INTRODUCTORY REFLECTIONS Marriage is the foundation on which the institution of family is built up. Family is the unit of society on which the super structure of entire society and stability of social institution would stand. A happy matrimonial life is undoubtedly the foundation for successful family system. On the contrary, the sick and disgruntled marital relation has their repercussion impact not merely upon the related spouses, their children. Its impact on society may give rise…

Track 9: Nasty Girl Vanity 6, Vanity 6 Prince continued his crusade unabated. Hunkering down in his basement studio, he cloistered himself in his music with Calvinist dedication. In his sleepless recording frenzies, the workaholic often outlasted three shifts of engineers. He started appearing less in public and stopped talking to the press. The media silence made his mystery to the public all the more magnetic. At the same time, he built a structure around him that would support his sacred…

Justice Ruth Bader Ginsburg has been a stalwart supporter of women’s rights and LGBT rights. Her rulings on cases concerning women's rights and as LGBT rights have continued the impression Justice O’Connor gave in her decision in Roe v. Wade that gender may indeed matter in rulings with this trend most likely going to continue with Justices Sotomayor and Kagan. She is considered as one the 100 Most Powerful Women and has spent time advocating for women's rights in the duration of her career. The…

The Iranian Green Movement and the Liberal Feminism theory. The aim of this paper is to analyse the Green Movement in Iran through the Liberal feminism theory. I address the following question: To what extent the relationship between the Iranian Green Movement and the Liberal Feminism theory exists? First and foremost, I will present the Iranian Green Movement, then, I will explain the Liberal feminism theory and finally I will explain whether or not the relationship between these two is…

refugees in the offshore processing facilities. To conclude with the words of ir Anthony Mason who stated “Australia's adoption of a Bill of Rights would bring Australia in from the cold, so to speak, and make directly applicable to the human rights jurisprudence which has developed internationally and…