Courts Obsession with Precedent Blinds

Question: Discuss, To what extent does courts obsession with precedent blinds them to achive justice? Answer: It is very normal for the judges in the legal system across the globe to come to conclusions with regards the cases basis the decisions and pronouncements made in the earlier court cases. This is how are legal system across the globe has been built. The said system has become an indispensible part of the legal system and there are times judges tend to follow the same blindfolded. This may lead to defeating of the very purpose of providing justice to the innocent. Although the precedent cases may help to provide the judge with the decisions that can be pronounced but if the circumstance is not same in all forms then the same should be reviewed and individual judgmental factors should form a part of the judgement. But even though he has to use his own judiciary knowledge while taking a decision, the same should be in line with the previous pronouncements. However some deviations are attached to the said concept of following the precedence[1]. Every case has something different; hence the judge should make decisions only after understanding the details of the case. He can take an independent decision and make new judgements but within the boundaries of the common law that is spelt out by the judiciary. In such cases the earlier judgements may act as a guide which would help them to take decisions. Thus it does not blind the courts and the judges to take decisions basis the precedence for the achievement of justice in totality[2]. There is application of the other laws applicable and the precedent cases act as a guidance to take proper decisions. It even helps to defend if the decisions taken by the judges of the lower courts are further challenged by the sufferer in the higher benches of the judicial structure. In that scenario the basis of decisions pronounced are elaborated which helps to solve the issue smoothly. If someone is convicted of committing a crime then the approach is somewhat similar. The Criminal Code has defined what the maximum and the minimum penalty can be and basis this they pronounce decisions depending upon the veracity of the crime committed. The judge should not make a decision basis the previous decisions simply by reviewing the case blindly. He should understand the seriousness of the crime, the people who are affected because of the same, the background of the offender and if there seems to be an option for rehabilitation[3]. They refer previous judgements just to ensure that there are no unfair decisions taken. Thus even in the criminal offence the same acts as a guide[4]. Therefore it is understood that the courts take decisions basis the previous judgements but are not dependent fully for the same. They do use their own judgemental attributes as well. Thus blind dependence is not there, in fact judges use the decisions taken by the eminent judges for similar situations help them to act is a more wiser manner and prevent them to take any wrong decision[5]. Thus they are not compulsorily binding except in certain circumstances. The stance where the previous legal proceedings decisions are binding on the judges is known as stare decisis. The said phrase means that we should follows what the decisions have already been made and not make efforts to disturb the undisturbed. The said principle has two parts, firstly where any decisions has been manifested by the supreme court of a country, the same becomes binding over the other lower courts. The second principle states that any decision given by the courts lower than the Supreme Court can be used as guidan ce but it is not obligatory for the judges to follow the precedence blindly[6]. There have been instances where the lower courts have made pronouncements which are not totally in line with the previous judgements made in the higher courts. In such a scenario they are to defend and explain as to why the same is different from the binding precedence. Basis an appeal made by the deciding court, decision can be taken in contrast to the defined precedent of the case. Further if there is no appeal made by the party who loses the case, then the decision made by the appellate court is considered to be final and binding as well[7]. This Common Law system is basically found in England and United States of America. Many theorists and eminent scholars have argued that there may be instances when reasoning basis a precedent may not be similar to what one would have decided if the judicial rules were applied. Even though the case backgrounds are similar to the previous already pronounced case, yet the same may not be rational. Cases which are same and similar should not be treated at the same level. It is very important to understand that the previous decisions are not bound to constitute laws. These decisions have come to picture due to the applicability of the constituted laws by the judicial authority. However this fact cannot be denied that these precedents have acted as an auxiliary part in settling down of issues[8]. The courts obsession to follow the precedents blindly acts as a hindrance to the achievement of justice as there are two main issues firstly the constitution of law has lead to emergence of the precedents, then how can the same be treated as a part of the law. Secondly there may be instances when the previous decisions may be erroneous, then why make it part of the constitute. The independence of the judges is also hampered. They may be taking a correct decision but on getting bounded by the earlier decisions may end up taking incorrect decisions thus can also lead to punishing the innocent and rewarding the guilty[9]. The blind following of precedence does affect the achievement of justice due to the rigidity of following what is pronounced. It makes the system inflexible and the judges lack application of their own wit. Judges should understand that the doctrine of stare decisis is not compulsorily to be followed. It is to be followed as a guide. It is also to be understood that reliance on the constitution is better than relying upon the unconstituted decisions which may be even erroneous in some circumstances[10]. Thus the same can be summarized by stating that precedents help the judges to take sound decisions but total dependency on the same affects the very law of providing justice. Some precedents are bounded and there is no escape from the same. However judges may try to defend the case not basis the binding precedent but the same is a difficult stance. Some precedence are persuasive in nature whereby the earlier pronouncement can be used as a guide and does not necessitates to act in accordance to the precedent spelt out. Thus total dependence upon the precedence rule may end up leading to take hasty decisions at times also. Thus a judge should also use his own knowledge base and analyze all the aspects of a case, pay heed to the smallest of evidences and apply rationality while arriving at a cases judgment. Bibliography Niblett A, Do Judges Cherry Pick Precedents to Justify Extra Legal Decisions? : A Statistical Examination, University of Chicago law School, (2010) https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=11502context=journal_articles Accessed 22 August 2016 Cscja-acjcs.ca, How Judges Make Decisions (2006) https://www.cscja-acjcs.ca/judges_decisions-en.asp?l=5 accessed 22 August 2016 Sherwin E, A Defence of analogical Reasoning in Law University of Chicago Law Review(1991) page 1179-1197 Lamond G, Do Precedents Create Rules? Legal Theory, (volume 15, 2005) Perell P M, Stare decisis and techniques of legal reasoning and legal argument The Canadian legal Research and Writing Guide (1987) https://legalresearch.org/writing-analysis/stare-decisis-techniques/ Accessed 22 August 2016 Brian P, Do Judges Really Have To Follow Precedent ? https://www.slate.com/articles/news_and_politics/explainer/2009/07/do_judges_really_have_to_follow_precedent.html Accessed 22 August 2016 Cross R and Harris J W, Precedent In English law (4th ed Clarendon Press 1991) Brewer S, Exemplary reasoning Semantics , Pragmatics and the rational Force of Legal Arguments by Analogy Harvard Law Review (March 1996) https://www.jstor.org/stable/1342258 accessed 22 August 2016 Stanford Encyclopaedia of Philosophy, Precedent and Analogy in Legal Reasoning (First published on June 20th 2006) https://plato.stanford.edu/entries/legal-reas-prec/ accessed 22 August 2016 Burton S J, Law and Legal Reasoning (2nd Edn, Little Brown 1995)

Views of Abdul Hamid II on politics and religion

When Abdul took over power, the European countries had already influenced the Ottoman Empire with secularization taking place in many sectors of the territory including politics and culture of the people. However, he immediately abolished the western culture by advocating for all Muslims and even for non-Muslims to join them into one Islamic state.Advertising We will write a custom essay sample on Views of Abdul Hamid II on politics and religion specifically for you for only $16.05 $11/page Learn More He had ambitious objectives by uniting the Muslims because he had planned to them and the religion to enable him gain political powers especially over the European powers such as Russia. For instance, Abdul emphasized on counteraction of Russia’s efforts to influence the Balkans to free themselves from the Ottoman empire and join Christianity. However, his efforts failed as many Balkans were lost to the Europeans. He detested the Europeans and their Christianity such that he gave the Muslim leaders more powers so that they can be able to claim the Muslim population from the Europeans. Under the influence of Abdul, the unconverted Muslims became more reluctant to join Christianity but rather supported Abdul in his political activities. The presence of the European nations in the empire became a driving force for Pan-Islamism making it difficult for the Europeans to secularize the territory. However, the sultan later took over the position of Caliph as he was so determined to counter the secularization process in his empire. This gave him the opportunity to regain the powers of the Muslim leaders that had been lost due to the reforms that had taken place before he took over power. It is clear that sultan Abdul detested secularism n that is why he mobilized all Muslims against it not only to regain their culture but also to gain popularity politically especially in the European nations. Relations between Abdul and the European pow ers The relations between the Ottoman Empire and most European nations was not so easy but rather strained especially between France, Russia and UK. In his own opinion, Abdul demanded that his empire be treated as having equal powers with these European nations especially due to its high numbers of Muslims compared to Christians. Even though the sultan viewed his empire as modern, the Europeans always saw the empire as being uncivilized. However, Abdul had a different opinion of the Germans as he viewed them as possible allies to his empire. Abdul therefore developed a good relationship with the Germans as his empire hosted a number of German political leaders several times and some Germans were employed to help in reorganization of the empire as well with most of them being assigned to reorganize the finance sector of the empire. This made him to distrust his very own ministers and other political leaders as on the other hand, he promoted German’s friends especially with the construction of railways to allow accessibility of the empire and giving loans to the Germans to start operating in the Ottoman Empire. As this friendship continued and intensified, Abdul went to the extremes of giving Germans the Baghdad railway which they had always desired.Advertising Looking for essay on asian? Let's see if we can help you! Get your first paper with 15% OFF Learn More The result of Abdul’s actions towards Germans was the occurrence of World War I which was facilitated by the accessibility of the railway in question. Despite the fact that the empire had allied with German during the war, they were defeated and this became the cause of the empire’s fall during which time it dismantled (Chouinard, 2009, p. 1). Abdul’s conflicts with the Armenians Ever since sultan Abdul took over power, he always had low opinions of the Armenians as he described them as being from a lesser province which had been accused of many wrong doings. Und er Abdul’s rule, the Armenians were not able to exercise their rights like the other Ottoman civilians and this drove some Armenians especially those who were living in Europe and Russia to form association meant to fight for the right of their brothers back at home. Abdul even hired a military to deal with the Armenians in whatever way they wanted to including killing them. He also used his officials to oppress the Armenians especially in taxation rates. However, the Armenians were successful in their fight against the sultan’s regime which saw Abdul required to sign an agreement meant to terminate the oppression towards the Armenians. Despite all these efforts by the Armenians, the signed agreement was, however, never implemented and this made the Armenians gather to request for its implementation but sultan Abdul could not allow them so he sent Ottoman police to disperse the crowd. Soon after this, the Armenian killings occurred where a large number of Armenians wer e killed. As the empire’s sultan, Abdul II did not put efforts to try and stop the massacre and this failure to take action towards such humanity as well as his opinion towards the Armenians made him a primary suspect in ordering the killings although there was no prove that he did. This made Abdul appear as a dangerous assassin to the Europeans as well as a bloody sultan to the Armenians. Changes in the Ottoman Empire during Abdul’s rule Despite the fact that secularization by the European had already occurred when Abdul took over power as the sultan of the Ottoman Empire, he was able to get back the powers that the Muslim leaders had before the modernization. However, through his reforms, he destroyed the empires financial status leaving no public finances in the treasury something that the Europeans had improved for the better. As a result, national debts increased drastically and this forced him to seek assistance from foreigners in order to settle the debts. With time, the empire’s financial accounts were given over to the foreigners who had large bond shares in the empire’s revenue.Advertising We will write a custom essay sample on Views of Abdul Hamid II on politics and religion specifically for you for only $16.05 $11/page Learn More Abdul could be said to be selfish because during his succession as the sultan, he got to a point where he reduced the powers of his ministers to low levels such as secretary positions and took the administration of the Ottoman Empire all to himself so that he could control the every aspect of the empire. As a result, general disagreements within the empire increased especially with the Armenians and Greeks who lived in the Empire not satisfied with Abdul’s rule and decisions. Due to his desire to have authority over the empire and to bring in a new constitution made him loose trust in the supporters of reforms on the Ottoman navy and he ended up locking the l argest fleet in the Ottoman empire something which made his territory lose its territories overseas not only during his time as the sultan but even afterwards. Basically, the economy as well as the social life of the Ottoman people was destroyed during Abdul II’s rule as the sultan of the empire (Ahmed, 2010, p. 1). Reference List Ahmed, N. (2010). Sultan Abdul Hamid II. Retrieved from https://historyofislam.com/contents/resistance-and-reform/sultan-abdul-hamid-ii/ Chouinard, A. (2009). A response to Tanzimat: Sultan Abdul Hamid II and Pan-Islamism. Retrieved from http://www.inquiriesjournal.com/articles/252/a-response-to-tanzimat-sultan-abdul-hamid-ii-and-pan-islamism This essay on Views of Abdul Hamid II on politics and religion was written and submitted by user Keith Ashley to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sample Essays For Student Nurses

Sample Essays For Student NursesSample essays for student nurses need to be concise and easy to read. Student nurses have many expectations in relation to their career goals after nursing school. Therefore, you should not hesitate to write a sample essay on nursing career goals.The purpose of a sample essay is to be able to provide examples that can be used as inspiration for further study. You will be given a format for writing an essay and can use that in a way that will show your personal essay. These sample essays can then be used as inspiration to pursue your writing for future purposes. However, it is important to remember that you are writing the sample essay in your own hand and therefore, will dictate the style.One thing that many health care professionals and students alike will discover is that there are so many styles. That's why a sample essay on nursing career goals is really the most efficient way to go. Not only does a sample essay to help you find a theme for writing but also for the stylistic differences that arise. A sample essay will also help you prepare your essay for English composition as well as essay writing in general. Not only will the outline provided to help you structure your essay, it will also help you in writing an essay that will be a success.Often times students and student nurses find themselves very frustrated with trying to find a proper topic for their essay. In order to make things easier, you may want to consider writing about your nursing career goals with the idea of writing a sample essay on nursing career goals. This will help you focus your thoughts and present your ideas in a way that will be easier to digest.There are several points to consider when writing a sample essay on nursing career goals. First and foremost you should consider what kind of career you would like to pursue. You should also consider where youwill be working and for how long. You will want to also consider the expectations of your superiors a nd your fellow colleagues. These topics will help you understand how to design a perfect essay for your essay on nursing career goals.The first part of your sample essay should be the title. This will serve as the introduction of your essay on nursing career goals. It will also be the introduction to your resume. You should not forget to include your signature at the end of your resume.The second part of your sample essay should be the body. This is the section that will give your opinion on the specific topic. You will want to express the actual content that you believe to be true about your career. You will also want to include a summary of your career goals. It is very important to point out the qualifications that you have already achieved.Finally, you will want to include the conclusion. This will be your conclusion to the essay. In this section you should share a powerful and heartfelt statement on what you think about your career and the environment that you have entered. If your statement includes the use of metaphors, keep in mind that they should be true and should not be taken out of context. Your reader will likely not know how to interpret your metaphor until you write your final sentence.

Rhetorical Analysis of Reagans First Inaugural Address essays

Rhetorical Analysis of Reagan's First Inaugural Address essays The First Inaugural Address by Ronald Reagan as the 40th President of the United States was held on January 20, 1981. The inauguration marked the commencement of the first four-year term of Ronald Reagan to be remembered as one of the greatest Presidents ever. It was the first time the Inaugural Ceremony was held on the West Front (rear) of the capital, which to many Americans, that direction had always symbolized the boundless manifest destinies of opportunity. In this speech, the President talks about the many problems that America was facing back then. These problems included a huge deficit coupled with inflation, a horrible tax burden that showed no signs of progress, and government over spending and over regulation. He goes on to state that the government is the main reason for these problems. Reagan's Address gave him the platform and opportunity to introduce his smaller vision of government in a clear manner. This is where he argued that "government is not the solution" to the many problems America faced at the time. It becomes clear on how Regan wishes to bring a deregulated focus into government affairs. The government must learn to work alongside and not over the very people who gave them power in order to restore America to its original greatness. His belief of how this will "trickle down" to all Americans is brought out in his assertion that there is a "special interest group" who will benefit greatly from this deregulated emphasis: "We, the people." Reagan does a great job of combining the dire need for deregulation along with the vision of hope and prosperity he sees as intrinsic to American identity. This speech has by far one of the most important messages in regards to what America was founded for. Its powerfully effective statement can still be seen as meaningful as it still has many ties with the issues we are facing today as a country. The main purpose of this speech was aimed at p...

Sustainable Solutions Paper (Answering Questions) Essay

Sustainable Solutions Paper (Answering Questions) - Essay Example This indicates a challenge that the company faces in its supply chain business. This paper represents an analysis of the company using traditional strategic thinking tools. Stakeholder Identification and Value Analysis Stakeholders refer to organization, persons, or groups of persons who may be affected by a company’s decision. Customers are the main stakeholders of the company. This is because the company has a responsibility of meeting their perfume and fragrance requirements. Thus, any decision made by the company concerning the nature of the product is likely to affect the customers. The customers define the corporate-level strategy of the company. This is because customer’s satisfaction indicates `Albani’s main business. Business-level strategy is the other significant enterprise level strategy. The strategy defines the company’s competitiveness and sustainability in the perfume industry. The company’s employees have contributed to the companyà ¢â‚¬â„¢s sustainability through the creation of high quality products. The company’s lenders and promoters have also contributed to the company’s growth and sustainability by ensuring that the company has sufficient capital. Albani promoters and lenders fulfil the functional-level strategy of the business. Finally, the company has a social responsibility that is beyond making of profits. These responsibilities define the role of the organization and the basic perception of the public towards the organization. The society, which is a bigger set that contains the company’s customers represent Albani’s public image. Culture: Organizational culture refers to â€Å"a collection of values and norms within an organization which are shared by all stakeholders and they determine or control how people interact (Macmillan, 2007). According to the article, Albani’s organizational culture can be classified as â€Å"bet your company culture.† The company ’s decisions have a major impact on its customers. Thus, big decisions are taken after considering the views of all the stakeholders. For instance changing the brand name of a particular perfume will require the approval of the customers and other relevant stakeholders. Such decisions require market research that might take a long time to materialize. Integrated Concepts from Readings According to the previous documents, the success of a company depends on various factors. Each of these factors has a role to play in determining the overall nature of the company’s external or internal environment. The enterprise level strategies define the role of the business and its perception according to the society. Thus, enterprise strategies are concerned with the corporate social responsibility of the business. The company’s culture and enterprise strategies are congruent despite not been closely related. This indicates that a company might have mission statement that is not aligned to its enterprise strategies. However, the company’s vision should be congruent to its enterprise strategies. Otherwise, its vision will not be significant to its operations. General Force Analysis General forces are factors that affect all business operating in a certain industry. This indicates that the general forces define the overall business environment. General forces relate to the society and the country’

Group Dynamics and the impact upon the function of management Essay

Group Dynamics and the impact upon the function of management - Essay Example Basically this is the core premise and assumption supported in this paper: that it is favourable, more civil, and more ingenious to engage the entire individual in question and interaction and makes a lot of sense to engage the group in its own learning, development, and resolution (Benson 2001). For the purposes of this paper, group work practice denotes the well-organised, conscious, and methodical application of understanding about the mechanisms of collective human interaction, so as to get involved in a knowledgeable manner, or advance some wanted goal in a group context (Luthans 2005). Group work is a creative, healthy, and productive experience, performed based on open agreements, explicitly practised and clearly attained, about the task and goal of the group, responsibilities, rights of members (Greenberg 2000). Therefore, in order to address the premises of this paper various literature on managing organisational behaviour and group dynamics are used. It is evident that group situations evolve as an outcome of the energy produced by devotion and motivation divergences in the group. Exploring and understanding the adjustment in situations is an essential capability of group work practice (Mullins 2005). By observing the fluctuation in situation and determining the patterns and premises of behaviour, interaction, and relationship, it is possible to discern what needs or demands exist in the group at any specified time, and allow intervention to arise out of the given group condition (Robbins 2004). Tuckman, Garland, and his associates along with several scholars assume a sequential or linear progression in group development. This academic and systematic demarcation of group dynamics can be unknown to the experience of several novice group members as they analyse the evident disorder and uncertainty of their own

An Analytical Response to the 1978 film, F. I. S. T. Essay Example for Free

An Analytical Response to the 1978 film, F. I. S. T. Essay The plot of the film basically revolve around the life of a worker who desperately seeks a better and a more comfortable life by working hard in a very low-paying job with a management who imposes very harsh and unjust rules and guidelines. The story also deals with the struggles of the workers to earn respect and the right and fair kind of treatment they deserve. The plot centers on the life and struggles of Johnny Kovac’s character which was played by Sylvester Stallone. The character was portrayed as a willful trucker who decided to join the Federation of Interstate Truckers (FIST) to fight and campaign for just treatments among all the country’s truckers like him (â€Å"F. I. S. T. 1987†). Through out the story, Kovac was challenged by a lot of more powerful individual since he was seen as a very strong threat to their deceptive intentions. He also received a lot of threats and physical tortures since he was actually fighting very powerful people. But despite all these challenges, Kovac was nevertheless able to prove that he is stronger than anyone who opposes his intentions to uplift the lives of simple truckers who just deserve fair treatment from their superiors. This was the major conflict and drive of the story. Kovac, as the main protagonist both serves as a hero and the base character of the story where all the other conflicts and highlights are based from. The story emphasized on Kovac’s principles and his efforts of fighting for their rights as truckers. Kovac and all the other characters in the story were portrayed to be simple and typical people with whom, viewers can easily empathize. However, his defeat and death at the end has put a rather distressing and saddening effect to the story. II. Issues The story was basically about the lives and struggles of truckers. Just like other workers, truckers have rights and privileges that they can demand from their superiors. However in this movie, the workers were rather treated unjustly by the management. They were given inadequate compensation and several unfair rules and regulations have been imposed on them. Kovac, as a trucker himself stood up and fought for his principles and afterwards fought for the influence of the labor union, FIST, which he became part of. The movie had a particular emphasis on the laborer’s rights and privileges. The unjust treatments to these workers portrayed in the film are one manifestation that in the real world, this undeserved treatment is also observable. Through the depiction of this issue it can be implied that some capitalist may really have been so fed up by their wealth that they forget that there are still other important things to consider aside from getting richer and this is the welfare of their workers. And because of this issue, the characters of the movie can be observed to seek for their rights and privileges in a rather aggressive way because of the unpleasant manner their company has used to treat them. The issues were basically about, (1) what implications can unjust treatment and deprivation of privileges causes workers; and (2) how well do labor unions actually help in eliminating the hostile relationships between workers and companies. And because this issue has been depicted to have taken all the patience of the workers, some of them have even developed stronger sense of selfishness and greed. Some also developed greed towards money. Kovac on the other hand became more and more obsessed of recruiting for member to join FIST since he wanted his mission and his intention to voice out the wants of the workers to be accomplished as early as he can. These implications may in some ways appear similar to the effects of unjust treatments to laborers people experience in real life. Just like in this film, people may indeed grow hostile and aggressive once their rights and privileges will be deprived of them. But nonetheless, if there is one lesson that this movie was able to send out, it is the fact that it is never just and acceptable to fight for one’s principle in destructive ways. III. Discussion In several ways, this movie appears to carry considerable significance to the real occurrences of unjust treatment among workers in the society. In real life, these incidents are undeniable that is why unions exist. However, the arguable thing is this movie is that Kovac and his other colleagues appeared to fight for what they believe in rather hostile and destructive ways which only made the situations worse. Aside from this, a lot of characters were also depicted to be deceived by wealth and power which made them turn their . backs to their moral perspectives. Thus, this can be considered as one of the moral threats unjust treatments can really cause an individual. In its entirety, the movie appears to be a total representation what goes on in a union and how its members fight for what they believe in. But what appears to be an upsetting and disturbing part of the story is the aggression and immorality which brought about . worse situations and events. IV. Opinion Truly, every person in this world deserved fair treatment as every person deserves equal rights and privileges as well. In a company, the relationship of the executive management to the workers can be considered very crucial. In order to form a pleasant relationship between these two, each party must respect and provide the deserved treatment and benefit of the other party. Because once this rule is broken, hostility might definitely spark which will eventually form an unpleasant relationship between the workers and the management. Personally, I think the movie had an interesting inspiration; however, the real message was not that effectively sent out to the viewers because of the distractions that came from all the unnecessary actions and violence portrayed in the film. But nonetheless, I see this film as a good depiction of how worse a situation may get once a worker’s rights and privileges be unjustly deprived from him or her. Works Cited â€Å"F. I. S. T. (1987): Plot Summary. † The Internet Movie Database. IMDb. com. (n. d. ). (14 May 2009). http://www. imdb. com/title/tt0077531/plotsummary. F. I. S. T. Dir: Norman Jewinson. Writer: Joe Eszterhas and Sylvester Stallone. Cast: Sylvester Stallone, Rod Steiger, Peter Boyle, Melinda Dillon, David Huffman, Kevin Conway and Tony Lo Bianco. Chateau Productions, 1987.