rigid, uncompromising, &absolute
ex: building collapses and someone dies -> builder's fault and he's sentenced to death
to establish ethical & egalitarian society
The main goal is to prevent people from corrupting the earth by falling into decadent ways.
Shiite-10-15%-Believe ruling of nation is theocratic (religion based) ruler is infallable etc
Sunni-85-90%-Believe govt. is secular, rulers come and go based on the will of people.
Freedom & Equality
Freedom-if left alone can harm poor.
Equality- Niebuhr's highest standard of justice
They believe the church does not address the issue of justice strongly enough
They believe God chose to be poor and live and teach to the poor and that capitalism is unjust.
Most prevalent in Latin America
Justice at first meant vengeance/revenge & was solved by law. It offered compromise
Plato said it should be corrective not punitive.
"what people deserve"
equality(proportionality = important)
Good judgment sense of fairness.
Has to do with exhange relationships
2 men of different social status commit same crime -> equal treatment
restore equilibrium by taking away from the crook & restoring the victim.
"only principles that everyone can publicly accept can serve the purpose of giving us a fair distribution of goods & privelages & this leads to JUSTICE.
The king was thought to act under the guidance of God, and as a representative of God. The monarch had considerable leeway to draw the lines of justice
Challenge King=Challenge God.
Ruler should be honest&just, but deal w/world as it is, not as it should be.
The people are devious, gullable, corrupt& greedy- they must be treated accordingly
Being feared by citizens is better than being loved. The state& its ruler are more important than those who make up the state.
Changing conditions altered the law no matter who was in power evolving societies= changed law
ex: women voting; ending slavery
Libertarians-place highest values on liberty even at the expense of equality. They want only equality of opportunity when it comes to equality.
Egalitarians-equality of conditions-supreme value & they will infringe on libery to achieve it.They think if freedom is unrestrained that inequality of conditions will result.
Many nations have done away w/mercenaries&professional soldiers. More ordinary citizens had interest and joined
Total war became common-land&lives of non-combatants were swept up in destruction.
Preventative war-going to war to prevent a future aggressor is wrong
Pow's- proper P.O.W. camps&appropriate humane care needed to be established.
Treatment of defeated-no small consequence, forgiveness not easy to obtain.
Crime control focuses on punishment and retribution
Due process- focuses on individual liberties, individuals rights, and undermining the system
Utilitarianism- society should determine amount of punishment based upone a cost/benefit analysis of suffering vs. social gains.
Retributivism- guilty of a crime- should be punished b/c you deserve it. Determine punishment based on amount of good it would do to society. Punishment appropriate to severity.
Negative rights= citizens protected from government(bill of rights). Guarantee individ. freedom from coercian.
Positve rights= people have rights to food, clothes, housing, med care, education. These are not protections but statements of entitlement. Human rights are a minimal requirement for full participation in the community with dignity.
Women were the property of men.
The victim of a rape was usually seen to be the significant male in the "raped" womans life.
2 separate revelations were made.
1- US census bureau announced the frontier (line separating civilization and wilderness ceased to exist)
2. A group of investigative journalists called 'Muckrakers' began exposing the industrial & corporate world's exploitation of the nation's natural & human resources.
Conservationists- protect natural resources to ensure future quality. uman oriented, concerned w/future needs & their right to these resources
Preservationalists- want to protect envirionment for it's own value. (like Peta for nature)
Who were the ?Keepers of the Peace? in early England?
Who are ?advocates? in civil law systems?
The National police (are like police/cops in the United States, having departments town by town etc.) are responsible for policing cities and towns with populations greater than 10,000. They are under the Ministry of Interior, one of the most important members of the Council of Ministers. They have subunits, and are highly militaristic.
The National Gendarmerie (is like military police---placed in spots where needed and for the military) fall under the Ministry of Defense and do three tasks. First, they act as military police for the French army, navy, and air force. Second, they provide law enforcement services for the French oversea territories. Third, they provide policing for all communities with populations less than 10,000.
2 primary sources of Islamic law are: The Qur?an and the Sunnah (teachings of Muhammad that are not in the Qur'an.
2 secondary sources would be: The Consensus of the Muslim community (agreement among religious leaders) and Analogical reasoning (where the law can adapt to new situations while remaining true to the spirit of the Qur?an and the Sunnah.
Hudud offenses (against God),
Quesas offenses (against person), and Ta?zir offenses (private wrongs against persons?not God at all).
Apostacy: followers of Islam who voluntarily renounce Islam or its beliefs
Armed Rebellion: attacks against the state with the intention of overthrowing it or giving aid to its enemies
Theft: taking the property of another in a secret manner.
Highway robbery: includes both robbing highway travelers and, murdering highway travelers
Defamation: false accusation of extramarital sex without a standard of proof.
Drinking Alcohol: any alcohol
o All law ultimately flows from the Qur?an and the Sunnah and must be consistent with the teachings of Muhammad.
o Although many passages in the Qur?an and Sunnah spell out offenses and punishments, these documents also emphasize compassion and forgiveness.
o Under Islamic criminal law, when judges are allowed discretion in sentencing, they must give the greatest weight to punishments that consider the general public interest.
o There is a considerable emphasis on the rights of individuals and on fundamental fairness in the process of justice.
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