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Papers On Early Theory
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Judicial Review
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A 10 page paper that begins by defining the term 'judicial review.' The writer then discusses the governments of ancient Greece and Rome and how parts of their systems carried over to later times. The Age of Enlightenment is discussed relative to the political innovations brought about through the writings of Locke, e.g., the social contract theory, and Montesquieu, who proposed three branches of government. The founding fathers of the U.S. were highly influenced by these writers and that influence can be found in the Constitution and the division of the government into three branches. The writer reports the Marbury v Madison case where judicial review was used by Chief Justice Marsahll to declare an act of Congress unconstitutional. Bibliography lists 11 sources.
Filename: PGjudrv.rtf
Justinian the Great, Emperor of Byzantium, and Creator of a New
Standard for Law
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This 10 page report discusses the Byzantine
emperor, Justinian I. Justinian is known for expanding Byzantine
rule in the Western world, developing and beautifying the city of
Constantinople, and completing the codification of Roman law. It
has been due, in great measure, to Justinian I’s efforts and
determination that Western civilization and the law governing it
have developed in the ways they have. Bibliography lists 8
sources.
Filename: BWjustin.rtf
Justinian's Codex
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8 pages in length. Emperor Justinian's Codex iuris of the sixth century evolved as a necessary means by which to regulate society's behavior. What had until then been left up to the whims of each individual to handle on his own was now a product of fair and sensible legal procedure, with Justinian representing the instrumental force behind the eventual cohesiveness that encompassed these monumental changes. It can readily be argued that there was, indeed, a great need for such a show of order, in that there existed no modicum of conformity when it came to the legal process. As the principles of Justinian's Codex continued to be established, they also became an integral component of ancient societies, ultimately impacting the very foundation of Roman law. Bibliography lists 7 sources.
Filename: TLCcodex.rtf
Kafka's "The Problem with Our Laws"
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A 7 page paper which discusses and analyzes
Kafka's "The Problem with Our Laws." Bibliography lists 2 additional sources.
Filename: RAkafkalaw.wps
Law and Government in Precontact Native America
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A 4 page discussion of dichotomy that existed between precontact law and government in Native America and law and government as it was viewed by Europeans. The author contrasts natural law and legal positivism. Bibliography lists 4 sources.
Filename: PPnaLaw.rtf
Laws Of Appalachia: 1820s
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9 pages in length. The presence of law intends to create a more civilized society, one in which citizens can expect social enlightenment to guide their every action. While this may represent the concept of law, it only does so in theory due to the extraordinarily interpretive nature of judicial procedure, a reality that evaporates any semblance of equity to the notion of law. Applying this sentiment to Appalachian laws at the turn of the nineteenth century finds the separation of social classes to be one of the most incriminating elements of fair proceedings; inasmuch as the Celts and the English stood at odds over myriad societal issues, one of the most apparent was that of applying the law in whatever form necessary. Bibliography lists 6 sources.
Filename: TLCAppal.rtf
Legal Naturalism and Legal Positivism
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This 8 page paper examines the concepts of legal positivism and legal naturalism, and then applies them to the Miranda decision, arguing that naturalism would have been more favorable to Ernesto Miranda. Bibliography lists 3 sources.
Filename: HVNatPos.rtf
Making Laws
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5 pages in length. From the very first law enacted in the United States - Rhode Island's illegalization of slavery in 1652 - to the twenty-first century's quest to eradicate political terrorism, lawmaking has undergone tremendous change that has afforded significantly greater accountability and equity where all groups and individuals are concerned. The passing of myriad laws over the decades has served to align these changes with the quest to establish and maintain a civilized American society. Bibliography lists 7 sources.
Filename: TLCMakeLaw.rtf
Marine Archaeology in America
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This 10 page report discusses the
development of underwater archeology and the fact that underwater
and terrestrial archeology share certain techniques and
standards. Marine archaeologists generally think of shipwrecks as
a non-renewable resource that are underwater time capsules
offering a view of a unique historical period. Marine archaeology
may also be described as “the recovery and interpretation of
human remains and cultural materials of the past from underwater
by archaeologists.” Bibliography lists 8 sources.
Filename: BWmarchy.wps
Medieval Law and Literature
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This 5 page paper examines several medieval laws and argues that they resemble literature, not legal documents. Bibliography lists 2 sources.
Filename: HVMedLaw.rtf
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