Introduction to Law
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TREATISE –Introduction to Law MerchantThis is a free publication offered to those who seek the truth byiCopyrighted © 2007 by . All rights are reserved, except the contents of this book may be reproduced, stored in a retrieval system, and transcribed in any form or by any means without express permission, but may not be sold.The author of this book does not give legal advice. Remedies are available if you know where to look for them. The purpose of this book is to reveal and compile the sources of some of these remedies that can be found in millions of pages of case law, statutes, codes, laws, rules, and regulations. This book is intended to decrease the time it takes to discover the components of your remedies and their application. It is the responsibility of the readers to understand their remedies, to seek assistance if necessary, and to apply proper and complete concepts to reach a successful conclusion to a dispute. This book does not exhaust the information that might be needed to successfully settle a dispute.iiOther writings from on related topics that can be found at: .Search for writings by this author by entering Byron Beers in the search box at the top right of Lulu’s site and choosing “Books” in the product box.Click on Byron Beers under any title to enter his Lulu Marketplace.BooksAmerica – National or Federal?Each state, in ratifying the Constitution, is considered a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, the new Constitution will, if established, be a federal and not a national Constitution. The Federalist, No. 39, James MadisonIn Search of LibertyLiberty, sir, is the primary object, …the battles of the Revolution were fought, not to make ‘a great and mighty empire’, but ‘for liberty’. Patrick HenryWhat Does Accepted for Value Mean?Agree with thine adversary quickly, while thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing. Matthew 5:25-26 Booklets1 When There is No Money FREEFor thus saith the Lord, Ye have sold yourselves for nothing, and ye shall be redeemed without money. Isaiah 52:32 Liberty FREENow the Lord is that Spirit: and where the Spirit of the Lord is, there is Liberty.II Corinthians 3:17iii3 The Natural Order of Thing FREEOwe no one anything, except to love one another; for he who loves his neighbor has fulfilled the law. Romans 13:84 Sovereignty FREEEven in almost every nation, which has been denominated free, the state has assumed a supercilious pre-eminence above the people who have formed it. Hence, the haughty notions of state independence, state sovereignty, and state supremacy. Justice Wilson, Chisholm v. Georgia, 2 Dal. (U.S.) 419, 458 (1792)5 The Legal System for Sovereign Rulers FREEThe Lord shall judge the people with equity. Psalms 98:96 The Negative Side of Positive Law FREETherefore, one must be wise and attentive, since there are those among us who make kings and set up princes outside His law. Hosea 8:47 Resident/Minister FREEYou may also buy some of the temporary residents living among you and members of their clans born in your country, and they will become your property.Leviticus 25:45 8 Introduction to Law Merchant FREEStand fast, therefore, in the liberty with which Christ hath made us free, and be not entangled again with the yoke of bondage. Galatians 5:19 Society of Slaves and Freedmen FREEIf men, through fear, fraud, or mistake should in terms renounce or give up any natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being a gift of ALMIGHTY GOD, it is not in the power of man to alienate this gift and voluntarily become a slave. Samuel Adams 177210 Introduction to Corporate Political Societies FREEFinally, be strong in the Lord and in the strength of his might. Put on the whole armor of God, that you may be able to stand against the wiles of the devil. For we are not contending against flesh and blood, but against principalities, against the powers, against the world rulers of this present darkness, against the spiritual hosts of wickedness in heavenly places. Ephesians 6:10-1211 Superior Law, Higher Law, My Law FREEYou have rights antecedent to all earthly governments’ rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe. John AdamsivvTable of ContentsIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . Defining Lex Mercatoria and Law Merchant . . . . . . . . . . Law Merchant, Commercial Law, Substantive Law, Maritime Law, Admiralty Law, Administrative Law, and Positive Law . . . . . . . . . . . . . . . . . . . . . . .Foundation for Law Merchant Principles . . . . . . . . . . .Security Interest, Court of Equity . . . . . . . . . . . . . . . .Law Merchant, Admiralty, and Common Law. . . . . . . . .Imprisonment and Security Interest . . . . . . . . . . . . . .Merchants Create Money from Debt. . . . . . . . . . . . . .Statute Merchant, Statute Staple . . . . . . . . . . . . . . . .Mediaval European Fairs of the Merchants . . . . . . . . .Summary . . . . . . . . . . . . . . . . . . . . . . . . . . .Emphasis is added throughout this writing by underlining. Quoted passages are bolded.2612 2122283035384346Stand fast, therefore, in the liberty with which Christ hath madeus free, and be not entangled again with the yoke of bondage.Galatians 5:1The law merchant is, in fact, “an independent parallel system of law; like equity or admiralty. … The king’s courts administered not local custom, nor even the custom of the realm, but rules applied in commercial causes in all countries.… The Negotiable Instruments Law, however, expressly adopts the law merchant, not the rules of the common law, as to matters not covered therein, and this court is required to take judicial notice thereof.Bank of Conway v. Stary, 200 N.W. 505 (1924) viTREATISE –Introduction to Law MerchantTo be free with liberty, and not becoming someone’s slave by not being subject to the will of another, requires knowledge and understanding of the methods of deception.But who looks into the perfect law, the law of liberty, and perseveres, being no hearer that forgets but a doer that acts, he shall be blessed in his doing. James 1:25be not ye the servants of men. I Corinthians 7:23Stand fast, therefore, in the liberty with which Christ hath made us free, and be not entangled again with the yoke of bondage.Galatians 5:1The following addresses to the merchants, as the great or notorious men of the earth and the deceptions involved in the commercial system of Babylon or elsewhere.19And the kings of the earth, who have committed fornication and lived deliciously with her, shall bewail her, and lament for her, when they shall see the smoke of her burning,10Standing afar off for the fear of her torment, saying, Alas, alas that great city Babylon, that mighty city! for in one hour is thy judgment come.11And the merchants of the earth shall weep and mourn over her; for no man buyeth their merchandise any more: … [including] 13 slaves, and souls of men.14And the fruits that thy soul lusted after are departed from thee, and all things which were dainty and goodly are departed from thee, and thou shalt find them no more at all.15The merchants of these things, which were made rich by her, shall stand afar off for the fear of her torment, weeping and wailing,…23 for thy merchants were the great men of the earth; for by thy sorceries were all nations deceived. Revelations 18:9-231. INTRODUCTIONNot only does the Bible address liberty and the importance of avoiding slavery in all its aspects, but America’s early statesmen advised and warned the American people to remain free, proclaim liberty throughout the land, and not to become servants or slaves of others. You might think it would be relatively easy to remain free and 2out of the yoke of bondage. If you are unaware of the various cunning and deceptive methods used by certain associations or merchants of the earth, it may surprise you how sophisticated is the practice of deception.While the Bible served as the foundation of the common law of the American people initially, today the rules and customs of merchants known as the law merchant reigns supreme. This writing will look at some of the history and practices of the global merchants.How can foreigners use the principals of the law merchant to create statutes, regulations and codes, thereby becoming the major source of “law and justice”? The reason many believe that America has a real problem with its current form of law and the manner in which courts operate is because the law merchant is designed for purposes of revenue and control, creating various degrees of chaos; it is not for purposes of harmony, peace, honor, and moral qualities.If one wanted to reap the fruits of the energy of a people, or obtain legal or equitable title to other natural resources within a country, how would one go about implementing such a plan? If you can get a security interest, which could lead to a valid title, on the nation’s of the world, you could in effect control national governments, their citizens and their property, as well as other national assets or resources.3If you chose some valuable resources that you would like to own or control within a particular country, rather than military conquest, you could make a loan to the head of State for a project that would be deemed beneficial to the people. Constructing oil wells, building a dam for the production of electricity, a canal, or other similar project would suffice. This is not to say that getting a nation involved in a war is still the biggest debt creator for which a country may seek the major financial lenders. The object is to get the president or appropriate public official(s) to agree to borrow money. Of course, those State officials who assist in getting a loan accomplished will be the recipients of financial rewards. An important element in the plan is assuring the country will be unable to repay the loan. Whatever resources within the country are used as collateral or surety for the original loan would then be under the control of the creditor. The creditor would acquire a security interest in a few, and possible all of the revenue producing resources, as well as other things of value within the control of the debtor national government.Other elements that need to be considered in this plan are that the country would need to be organized as a nation with a national government which is deemed to be the sovereign head. This would be beneficial since a national government has authority over all the persons and property within the nation. Also, the subjects or citizens of a national government could be considered taxpayers, which represents another source of revenue for repayment of the loan and as collateral or surety in the event the national government defaults on 4its obligation. Just like other collateral, the creditor of the national government would have a security interest in the subjects or citizens of the national government. Upon default, either through bankruptcy, insolvency or otherwise, the merchant lender or construction company could control legislation, executive and judicial or administrative acts or actions with respect to all persons and property of the debtor government, and continue to receive revenue from all sources with respect to such persons and property. In essence, the citizenry (subjects) and valuable resources of a nation could be under the control of merchants who hold a security interest or have obtained whatever rights and title the debtor government possessed.Maybe you think this is an unbelievable scenario? John Perkins is a man who worked for the major merchants of the earth. He wrote a book recently entitled Confessions of an Economic Hitman wherein he describes his work as illustrated above in the scenario for getting a country into debt and controlling its resources because it will be unable to repay the loan. If the country’s president refuses the loan arrangement, it is then necessary to replace the president or other person who becomes an obstacle to the fulfillment of the plan, by whatever means necessary.If you understand modern banking practices, fractional reserve banking and paper currencies, you realize the creditor banking merchants may not have actually used their money in making a loan to the head of State of some nation. Depositing and marketing thepromissory note or other evidence of indebtedness would make that commercial instrument the source of the funding of the loan. That is to say, it is possible a paper that appears to be evidence of indebtedness is also, at the same time, an asset to create funds in the international markets.To summarize this scheme, one could say that after obtaining ownership, control, or a security interest in the resources of a nation, the merchant bankers or contractors could obtain a status or position superior to the debtor government of a nation. In this position, they control and regulate the activities within the nation, like a shadow government or invisible government, providing written legislation for the existing legislative bodies to adopt or enact on their behalf. This legislation would be based upon the lex mercatoria or law merchant. One might say, the great merchants are developing Babylon-like cities and nations around the globe.2. DEFINING LEX MERCATORIA and LAW MERCHANTThe law merchant is often described as the body of rules applied to commercial transactions derived from the practices of international merchants and traders. However, the scenario depicted above and other historical writings show that the customs or rules of the merchants is likely to be integrated into the general law orjurisprudence of the debtor nation or as the result of their influence, financial or otherwise.LAW, MERCHANT. A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio.Bouvier, A Dictionary of Law, 1856Law merchant, a body of rules for regulating the relations of merchants engaged in international trade. It was founded upon the customs of merchants, which were sometimes embodied in written rules such as the Laws of Oleron, a code of maritime law published in the twelfth century. Law merchant originated in western Europe during the Middle Ages, and was subsequently recognized by the principal commercial nations. Although it was at first administered by separate tribunals in the principal trading cities, it eventually became part of the domestic law of the countries in which it flourished, including the United States. Law merchant was the basis of the modern system of admiralty law and the laws of negotiable paper and of sales. See Maritime Law.The American Peoples Encyclopedia,Grolier Incorporated, 1968, vol. 11. P. 296The law merchant went from being principles and rules applied to international merchants and traders to being incorporated into thegeneral laws of a country. Its effect, the law merchant (merchants being the great men of the earth), took control of admiralty law and the common law of England, which was then adopted into the laws of the States, and the United States.commercial law, the laws that govern business transactions… Formal documents and other evidences of regularized trade practices were known in Egypt and Babylonia. In many parts of the ancient world foreign merchants, through treaty arrangements or other agreements, were allowed to regulate their affairs and adjudicate their own disputes without interference from local authorities. They tended to settle in special sections of commercial cities where they might follow their own religions, laws, and customs. Roman law incorporated features of the already developed commercial law, which, however, was no longer handled separately in special courts but was treated simply as part of the whole legal system.The barbarian invasions of Europe caused such social disruption that it was not until late in the Middle Ages that long-range commerce again became possible in Europe and merchants were once more able to determine the rules and regulations under which they could safely operate. In the cities of N Italy and S France the merchant class frequently dominated the state and could enact the needed rules as legislation. In other parts of Europe associations of merchants bought protection from powerful lords or kings *[the State] who granted them safeconduct and permitted them to conduct fairs and to establish regulations and methods of enforcement (see Hanseatic League). Both classes of merchants established special courts where summary judgment was granted with little regard for the technicalities of procedure and doctrine in the regular courts, and without the necessity for lawyers.The term “law merchant” was applied to the substantive principles that eventually emerged from this quasi-judicial activity.The Columbia Electronic Encyclopedia,6th ed. Copyright © 2005, ColumbiaUniversity PressLaw merchant. …consisting of certain principles of equity and usages of trade which general convenience and a common sense of justice have established to regulate the dealings of merchants and mariners in all the commercial countries of the civilized world. … The basis of the jurisprudence regulating bills of exchange and promissory notes, particularly the negotiability of such instruments, and the rights and liabilities of persons becoming parties to the instrument.… The lex mercatoria was not, like the common law, the custom of a place or territory; it was the recognized custom of merchants and traders… The merchant class and the controversies of its members arising out of commercial transactions, were not subject to the common law. During the sixteenth century the admiralty court declared the principles of the law merchant. Later, thecommon law judges encroached upon the field of admiralty over commercial transactions. Thus, the law merchant gradually became a part of the legal system of England.Ballentine’s Law Dictionary, 3rd ed. (1969)First, it should be said that the rules of commercial law or law merchants are not the problem. It is the deceptions and illusions, the trickery, that cause enormous problems and disharmony wherever the great merchants apply their trade.In the foregoing, we find that principles of the law merchant go back to Babylon. The major merchants desired to be exempt from the laws of a country or place wherein they might conduct business. They sought to have their rules and remedies handled in special courts. The procedure of these special courts would later become integrated into the regular courts making the regular courts irregular. The regular judicial courts might be given a new name but most people would be unaware of the change. The merchants could establish their own rules and regulations, which eventually might become a part of the general laws of the country and be enacted by the legislature that would benefit the merchants. The merchants might make payments to political officials in exchange for the passage of legislation and for protection of their trade or other benefits. While we have seen it reported that the law merchant, rather than be separate and special, become a part of a legal system, it mayalso be appropriate to say today that the law merchant became the legal system.We shall later see the deceptions involve banking and lending, and obtaining security or beneficial interest in assets through the illusion of being a creditor. In the following quote, the author gives the term Lex Mercatoria a broader definition than Merchant Law.The Lex Mercatoria would seem to be in part based on Roman law, in part maritime custom, in part the law of the Medieval European fairs, and to a great extent upon the last.Here we have coupled together Roman Law [the State is God], maritime law [international law of war and commerce] and Merchant Law which is the present-day law of national and international banking.… the law of negotiable instruments, with a few exceptions, is founded entirely upon the customs of merchants [known today as the Uniform Commercial Code].A Student’s Course on Legal Historyby Helen West Bradlee of the SuffolkBar, Boston 1929, History of the LawMerchant [certain clarifications by acommentator retained in brackets]From Handbook of Roman Law, by Max Radin, LL.B, PH.D., professor of law, University of California, West Publishing Co., 1927, we find the three categories listed under law merchant are (1) negotiable instruments, (2) bankruptcy, and (3) insurance.Another way of looking at those categories would be that the law merchant deals with creditors and debtors, with liability, with securityor things of value that can be used as collateral by debtors for the security of a creditor, and with protection from financial loss.In the American Peoples Encyclopedia, Grolier Incorporated, 1968,we find, “Commercial law embraces principal and agent, bills and notes, insurance, carriers, surety and guaranty, and other titles… For origins of commercial law, see Law Merchant.3. LAW MERCHANT, COMMERCIAL LAW, SUBSTANTIVE LAW, MARITIME LAW, ADMIRALTY LAW, ADMINISTRATIVE LAW, and POSITIVE LAWThe terms listed in the heading above have a common meaning and these terms are often interchangeable with one another. These terms are generally associated with an unnatural order of things. The TREATISE –The Natural Order of Things explains that the natural order begins with God or Creator, who created men, who form a statefor their benefit, followed by a constitution to establish and limit the activities of a government. In the unnatural order the government claims to be the State and is deemed to be the supreme entity with sovereign powers. We saw in an earlier quote a reference to Roman law as meaning the State is God. There cannot be two Gods; therefore, all references to God must be removed from the publicplaces. This is the environment desired by the great merchants. A national, sovereign, political, central government with citizen-subjects (quasi slaves) owing fidelity and obedience to the national will.In the TREATISE –The Negative Side of Positive Law, we see Black’s Law Dictionary, 4th edition, says positive law “is enforced by a sovereign political authority”. It is distinguished from “the principles of morality and the so-called laws of honor”. All laws that are “authoritatively imposed” may be “described as positive laws”.From Black’s Law Dictionary, 7th edition, we find positive law is “a system of law promulgated and implemented within a particular political community by political superiors, as distinct from moral law or law existing in an ideal community or in some nonpolitical community.”The terms political community and body politic and corporate are important terms in understanding the overall picture of the unnatural order, but that topic will not be fully explored in this treatise.Commercial law. A phrase used to designate the whole body of substantive jurisprudence (e.g. Uniform Commercial Code, Truth in Lending Act) applicable to the rights, intercourse, and relations of persons engaged in commerce, trade, or mercantile pursuits. See U.C.C.Black’s Law Dictionary, 6th Edition…“law merchant”, taken as meaning substantive law.Aslanian v Dostumian, 54 NE 845 (1899)Substantive law, the positive law of duties and rights.Cochran’s Law Lexicon, 1924…related to the substantive social policy embodied in an act of positive law.Bevins v. Six Unknown Fed. Narcotics Agents,403 U.S. 388, 404 (1971)The current legal system, evolving from the civil war era, is composed of substantive law and procedural law. Substantive law concerns duties, rights, and obligations and includes criminal law, Procedural law provides the methods used to enforce those substantive duties, rights, and obligations including convicting a person of a crime. This is all under the commercial law or law merchant.We see how law merchant, commercial law, substantive law and positive law are not only related to one another, but are practically synonymous terms. The one thing I am reminded of when seeing the term positive law, is that it is said to be the only type of law that can support slavery. Positive law is a concept that someone or some body has such a degree of power that he may act in a manner contrary to the laws of nature and nature’s God. Positive law comes from a sovereign political power. I do not believe such a concept exists inlaw, but perhaps in a religious or spiritual connotation as to defy the word or will of God.That slavery is a relation founded in force, not in right, existing, where it does, by force of positive law, and not recognized as founded in natural right, is intimated by the definition of slavery in the civil law.Commonwealth v Aves, 35 Mass. 193, 214-5 (1836)[T]hat slavery is contrary to the principles of natural right and to the great law of love; that it [slavery] is founded on injustice and fraud, and can be supported only by the provisions of positive law are positions, which it is not necessary here to prove. … the very idea of slavery implies, that the slave is one who is in subjection to the will of another.Ch. J. Williams, Jackson v Bulloch, 12 Conn. 38, 40 (1857)Earlier quotes said that substantive law is the positive law of rights and duties, and substantive law is commercial law. All crimes are commercial, but that statement does not give you sufficient information to understand its relevancy. The law merchant or commercial law deals much with creditors and debtors, but a major invention of the merchants was securities or having security interest in things to which they do not possess nor own. Another important invention of the merchants was imprisonment for debtors, which is why a community or nation of subjects or quasi slaves is important.Rather than say all crimes are commercial, the picture would be more clear if we said – “All crimes pertain to slaves.” If we understood that all crimes involve those who have a commercial obligation to another, and according to general law merchant theory, the property of a debtor and the body of a debtor is security for his debt, then you might see the slave relationship. Before you get to the concept that “the body of a debtor is security for his debt” (which is why prisons are overflowing), you need the potential debtor to be a slave with respect to the superior political authority even though this same individual appears to be free with respect to all others and may even be unaware he has a slave relationship. I need to direct you to the TREATISE –A Society of Slaves and Freedmen for a more comprehensive discussion on this topic.Slaves are commercial property or commercial persons. The law merchant is designed to operate in a society of quasi slaves known as freedmen, or in the English feudal system known as villeins. For the merchants to reap wealth from their securities, the national resources must be out in the market place producing more and more wealth and applying for more loans. Revenue can then be extracted from fees, taxes, licenses, permits, registrations, inflation. Recessions, monetary cycles, statute penalties, insurance, and bonds can be implemented to cover down time while the producers are incarcerated. The producers must be laden with payments on loans, when no actual loans occurred in the merchant-controlled banking system, etc.。
法学专业介绍英语作文模板Law Major Introduction。
As one of the most prestigious and respected fields of study, law has always been a popular choice for students seeking a challenging and rewarding career. The study oflaw encompasses a wide range of subjects, includingcriminal law, civil law, international law, and many others. In this article, we will provide an in-depth introductionto the field of law, including its history, key concepts, and potential career paths.History of Law。
The study of law has a long and rich history, dating back to ancient civilizations such as Mesopotamia, Egypt, and Greece. The earliest known legal code is the Code ofUr-Nammu, which was written in Sumeria around 2100 BC. This code established a set of laws and punishments for various crimes, and is considered one of the earliest examples ofwritten law.In ancient Greece, the concept of democracy and therule of law began to take shape, with philosophers such as Plato and Aristotle discussing the importance of justice and the role of law in society. The Roman Empire also made significant contributions to the development of law, with the creation of the Twelve Tables, a set of laws that formed the basis of Roman legal system.In the Middle Ages, the study of law became more formalized, with the establishment of universities and the development of legal codes such as the Magna Carta in England. The Renaissance period saw the emergence of legal scholars such as Hugo Grotius and Sir Edward Coke, who made significant contributions to the field of law.Key Concepts in Law。
介绍你想要从事律师英语作文As a young student with a passion for justice, I aspire to become a lawyer. The legal profession captivates me with its ability to uphold the law and protect the rights of individuals.My interest in law was sparked by witnessing the power of advocacy in action. The courtroom, a stage for the clash of ideas and the pursuit of truth, is where I envision myself standing, armed with knowledge and eloquence.To prepare for this career, I am diligently studying English, the language of international law and diplomacy. Fluent communication is crucial for a lawyer, and mastering English will open doors to global opportunities.I am also honing my critical thinking skills, which are essential for dissecting complex legal issues and crafting compelling arguments. Every debate and essay I write is a step towards sharpening my analytical abilities.Moreover, I am learning about various legal systems and ethical considerations, understanding that a lawyer must balance the letter of the law with the spirit of justice.In the future, I hope to specialize in human rights law, advocating for those who are marginalized and ensuring that their voices are heard in the legal arena.Ultimately, my goal is to make a difference, to be a force for good in a world that often seems to be in need of it. The path to becoming a lawyer is challenging, but I am committed to the journey, driven by a deep sense of purpose and a desire to serve.As I continue my education and training, I am excited about the prospect of one day representing clients, advocating for justice, and contributing to the betterment of society through the noble profession of law.。
法律LawThere are various laws that are applicable in one country but not in other. So, the definition of law is specific to a country. However, we have a general definition of law.One such definition that is given on wiki is “Law is a system of rules and guidelines which are enforced through social institutions to govern behavior.1” So the first thing that comes to our mind is who formulate these guidelines and enforces them? The answer to this question is simple and varies from country to country. Few nations have their courthouse passing the guidelines and enforcing the law and few others have executives that pass the law using theregulations and decree. Every law formation body takes its constitution into consideration and the rights encoded therein. The law impacts all areas of society including politics and economics in various ways and serves as a social mediator of relations between people. Every country has its own criteria. However, the motive of all the rules and regulations is to make society a better place to live and sustain.Classification of the legal subjectWe have a law for almost every domain. Either it is corporate or society we have laws in place. Below is the major classification of the legal subject is given below:Constitutional and administrative lawOnline help with Contract lawTort lawHelp with Criminal lawHelp with Equity and trustsProperty law helpInternational law helpWe will discuss all these legal subjects in detail later. First of all we should look at the two major areas of law:Criminal LawThis area of law deals with conduct that is harmful to society. Under Criminal law, a guilty party may be imprisoned or fined depending on the degree of the crime.Five objectives of the criminal law that are accepted: retribution, deterrence, incapacitation, rehabilitation and restoration.RetributionOur law works on the scale balance and tries to balance the crime by putting criminal at some unpleasant disadvantage. For example infliction of unfair detriment upon others is one form of crime and shall be punished. People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law.DeterrenceUnder deterrence, a sufficient penalty is imposed on the criminal to discourage theoffender from criminal behaviour. By following this practice of penalty imposition on those who commit offences, other individuals are discouraged from getting involved in criminal activities.IncapacitationThis is designed to keep criminals away from society. If there are no criminals society will be shielded from such crimes. Imprisonment, death penalty and banishment are the means by which we can keep criminals away from society.RehabilitationUnder Rehabilitation an offender is transferred into a valuable member of society be putting him under rehabilitation. The primary motive is toprevent further offence by convincing the offender that their conduct was wrong.RestorationAs the name suggests the goal is to fix, through state authority, any injury inflicted upon the victim by the offender. This is designed by keeping the victim in mind and revolved around Victim-oriented theory of punishment. For instance, one who rob will be required to repay the amount improperly acquired.Civil LawCivil law is responsible for the resolution of lawsuits or disputes between organizations or individuals. These resolutions provide a legal remedy to the winning litigant. civil law essayhelp hovers around the fulfilment of the Obligation set in place by an agreement, or settle a dispute. The victim receives the compensation, and the offender pays, in a civil and sophisticated manner, as opposed to full-fledged revenge. If the case is about the equity, there is often a pie for division and it gets allocated by a process of civil law, possibly invoking the doctrines of equity.Difference between Criminal law and Civil lawAs pointed out earlier that law essay writing varies from country to country. If we talk about the difference between the criminal law and the civil law we have a few major points. Civil Law is more about the deterrence and restoration and Criminal law on the other hand is much wider. In the USA and UK, under the criminal law, alitigant has to prove that another party is guilty beyond a reasonable doubt when a case verdict is reached in court. Civil law on the other hand operates differently. For example in the UK one has to prove guilt on the basis of a balance of probability.Law essays are mostly around difficult cases. Your professor may ask you to read a case and come up with an argumentative essay for your law coursework.。
对法律的简介英文作文Title: An Introduction to Law。
Law plays a fundamental role in shaping societies, governing behavior, and ensuring justice and order. Fromthe earliest civilizations to the modern globalized world, law has been a cornerstone of human civilization. In this essay, we will explore the nature of law, its purposes, and its significance in contemporary society.Definition of Law:Law can be defined as a system of rules, regulations, and principles established by a governing authority to regulate behavior within a society. These rules areenforced through institutions such as courts, police, and other legal mechanisms. The aim of law is to maintain order, resolve disputes, protect individual rights, and promotethe common good.Purposes of Law:1. Maintaining Order: One of the primary purposes of law is to maintain order within society. Laws establish boundaries of acceptable behavior and provide mechanisms for resolving conflicts and disputes that may arise.2. Protecting Individual Rights: Law serves to protect the rights and freedoms of individuals. This includes rights such as freedom of speech, freedom of religion, and the right to a fair trial. Laws also provide remedies for individuals whose rights have been violated.3. Promoting Justice: Law seeks to promote justice by ensuring that individuals are treated fairly and equally under the law. This includes the principle of equality before the law, where all individuals are subject to the same laws and standards.4. Regulating Behavior: Laws regulate various aspects of human behavior, including criminal behavior, business practices, and interpersonal relationships. By settingstandards of conduct, laws help to promote ethical behavior and prevent harm to individuals and society.5. Resolving Disputes: Another important function of law is to provide mechanisms for resolving disputes and conflicts that may arise between individuals or groups. This includes both civil and criminal justice systems, which provide forums for adjudicating disputes and dispensing justice.Types of Law:1. Criminal Law: Criminal law deals with offenses against the state or society, such as murder, theft, and assault. It establishes penalties for these offenses and provides procedures for prosecuting individuals accused of committing crimes.2. Civil Law: Civil law governs disputes between individuals or organizations, such as contract disputes, property disputes, and personal injury claims. Civil law aims to provide remedies for individuals who have beenharmed by the actions of others.3. Constitutional Law: Constitutional law refers to the fundamental principles and rules that govern the operation of a country's government. It includes the structure of government, the distribution of powers between different branches of government, and the rights and freedoms of citizens.4. Administrative Law: Administrative law deals with the regulations and decisions made by government agencies and administrative bodies. It ensures that government actions are lawful and that individuals are treated fairly in their dealings with government agencies.5. International Law: International law governs relations between states and other international actors. It includes treaties, conventions, and customary practicesthat regulate issues such as diplomacy, trade, and human rights.Significance of Law in Society:Law is essential for the functioning of society as it provides the framework within which individuals and organizations interact. Without law, there would be chaos and uncertainty, as there would be no clear rules governing behavior or resolving disputes. Law also serves as a toolfor social change, as it can be used to address injustices and promote equality and fairness.In conclusion, law is a vital aspect of human society, serving to maintain order, protect rights, resolve disputes, and promote justice. By understanding the nature andpurpose of law, we can appreciate its significance in shaping the world in which we live.。
INTRODUCTION TO THE LAW OF THE UNITED STATES1. About The Coursea. Bilingual------English and Chineseb. A course of law, not languagec. The textbook------ INTRODUCTION TO THE LAW OF THE UNITED STATESHow to use it? ------ Read and discussion.2. Forworda. Why study foreign laws?b. Why American law? ------The country and the lawc. How to study American law? ------Comparative ways3. Background DiscussionWhat do you know about the United States? ------The people, history, culture, economy and so on.Chapter 1 The American Legal System and Legal CultureI. THE ORIGINAL VISIONWhose vision? ------The founding fathers’ vision.Who were founding fathers? ------Those who wrote the documents of The Declaration of Independence, the United States Constitution, and its first ten amendments, the Bill of Right.Why original? ------They were stated by these documents, and are especially significant for the evolution of American legal system and legal culture.A. Liberty------the word “liberty” appears as a reminder on the front of all American coins. It takes physical form in New York Harbor as the statue of Liberty.What does liberty mean? ------The liberty to contract to improve his welfare, to marry whomever, to travel wherever, to worship God in his own way, to speak his mind, and to do nothing.But, it was the right to the pursuit of happiness, not a guarantee of happiness.Why liberty was stressed on so much? ------A fundamental aim of the American Revolution was to assert, at least for white males, a natural and inalienable right to “Liberty and the pursuit of Happiness”.The physical environment for this kind of liberty ------The land of North America facilitated the exercise of this right. It was a spacious continent, less densely inhabited than Europe. It invited mobility, independence, andenterprise.Americans felt that they had a personal stake in the future. Whatever promised to increase wealth was considered good.The negative side of this kind of liberty------led to vast environmental despoliation and tragic human exploitation.B. Distrust of GovernmentWho? ------ The framers of the Constitution.Why? ------Government’ actions, in the framers’ reading of history, were likely to bring human misery as to promote human happiness.What was the American’s choice------Government was necessary, but had to be watched. The U.S. Constitution designed to secure a government of laws and not of men.How to moderate the tension between Government’s power and People’s right------ The mechanism designed by the framers of the Constitution:a. An inefficient national government limited to certain enumerated powers;b. The national government is separated into three branches, each with a primary function: legislation, administration, and adjudication;c. Checks and balances among and within the three branches of government;d. Fixed elections;f. A written constitution;g. The Bill of Right as a set of external restrains on the national government.C. ToleranceWhat does it mean? ------ Tolerance of dissenters.Why? ------The United States itself was born of dissent. The nation’s fathers saw dissent as a positive force-or at least as an attitude that could not be eliminated from the American psych.The right of dissent in a political community requires tolerance of dissenters, at least by the government: there would be no national religion, no governmental ideology, no state newspaper (certainly not with the pompous name “Truth”1).D. OptimismReally? ------The American character was infused with optimism, stemming from the sense of space and the possibility of human action. “God bless America”. 2A feeling of moral superiority------Some contemporary American lawyers believe, to illustrate, that other nations would improve if they adopted American legal institutions associated with constitutionalism, judicial review, or human rights.1“真理报”2一元美钞的背面,是一座还没有完工的金字塔,塔顶有一只闪闪发光的眼睛。
律师介绍英文作文I'm a lawyer, and I love what I do. I get to help people solve their problems, whether it's a divorce, a car accident, or a business dispute. It's challenging and rewarding, and every day is different.Being a lawyer means I have to be a good listener. I need to understand my clients' needs and concerns, and then come up with a plan to help them. It's not just about knowing the law, it's about understanding people and their emotions.One of the things I enjoy most about being a lawyer is the opportunity to argue in court. It's like a game of chess, where I have to anticipate my opponent's moves and come up with a strategy to win. It's exhilarating andnerve-wracking at the same time.But being a lawyer isn't all about courtrooms and arguments. A lot of my time is spent doing research,writing legal documents, and negotiating with the other side. It's a lot of hard work, but it's worth it when I can help my clients achieve a positive outcome.I also have to stay up to date on the latest laws and regulations, which means I'm constantly learning and adapting. The legal field is always changing, and I have to be ready to change with it.Overall, being a lawyer is a challenging and fulfilling career. I get to make a difference in people's lives, and that's what keeps me going every day.。
介绍我的专业法律英语作文My Major in Legal English。
As a law student, I have been studying legal Englishfor several years. Legal English is a specialized form of English that is used in the legal profession. It is a language that is used to communicate legal concepts, principles, and ideas. In this essay, I will introduce my major in legal English.Firstly, legal English is a complex language that requires a deep understanding of legal terms and concepts. Legal English is used in a variety of legal contexts, such as contracts, court documents, and legal correspondence. It is important for lawyers and legal professionals to have a strong command of legal English to effectively communicate their ideas and represent their clients.Secondly, my major in legal English focuses on the study of legal terminology, legal writing, and legalresearch. In legal terminology, we learn about thedifferent types of legal terms and how they are used in legal documents. We also study the different types of legal writing, such as memorandums, briefs, and pleadings. In legal research, we learn how to conduct legal research using online databases and other legal resources.Thirdly, my major in legal English also includes the study of international law and comparative law. In international law, we learn about the different types of international legal systems and how they interact with each other. We also study the different types of international treaties and conventions. In comparative law, we compare the legal systems of different countries and analyze the similarities and differences between them.Lastly, my major in legal English also includes practical training in legal writing and legal research. We are required to write legal documents, such as memorandums and briefs, and conduct legal research on various legal topics. This practical training prepares us for the real-world practice of law.In conclusion, my major in legal English is an important part of my legal education. It has provided me with a strong foundation in legal terminology, legal writing, and legal research. It has also given me practical training in these areas, which will be invaluable in my future career as a lawyer.。
Introduction to Law
Definition of Law
•Aristotle.
–Law is reason unaffected by desire.
•Blackstone.
–That rule of action which is prescribed by some superior and which the inferior is bound to obey.
Definition of Law
•Black’s Law Dictionary.
–A body of rules of action or conduct prescribed by the controlling authority, and having legal binding force.
•Rules adopted by a government authority which govern individuals and relationships in society. •Law offers a consistent model of conduct and sets minimum standards of conduct. Classifications of Law
•Public Law.
–Enacted by some authorized government body.
–Example: U.S. environmental laws, criminal laws, products laws enacted by the People's
Congress
•Private Law.
–Established by individuals or the parties themselves.
Classifications of Law
•Criminal versus Civil Laws.
–Criminal laws are wrongs against society. They carry fines and penalties.
–Civil laws are wrongs against individuals. They focus on recovery of what was lost.
The aim is to restore.
•Substantive versus Procedural Laws.
–Substantive: Provides rights and responsibilities.
–Procedural: Means or procedures for enforcing substantive rights.
Classifications of Law
•Common Law.
–Began in England in 1066 and continues today.
–Non-statutory law.
–Created by court decisions.
–It follows case precedent, or stare decisis, ―let the decision stand.‖
•Statutory Law.
–Passed by a governmental body, such as the People's Congress
–Also known as Codified Law.
Classifications of Law
•Law versus Equity.
–In common law England, remedies were separated into legal and equitable remedies. •Remedy = correct a legal problem.
•Legal Remedy = money.
•Equitable = injunctions, specific performance.
–Remedies were separated so that courts of chancery (equity) could give remedies when courts of law could not.
–Today all U.S. courts are authorized to award both legal and equitable remedies.
Purposes of Law
•Keeping Order.
•Influencing Conduct.
•Honoring Expectations.
•Promoting Equality.
•Providing a system for resolving disputes.
Characteristics of Law
•Flexibility.
–Examples: FAX machines, computers, emails (privacy issues), videos, music, cell phones, and copyrighted or patented materials
•Consistency.
–Example: Allows businesses and people to rely on law for planning.
Cases
•Case 1.1 Sony Corp. v. Universal Studios(1984). ―Time-Shifting‖: Copyright Infringement
or Fair Use?
•Case 1.2 A & M Records v. Napster(2001). Online service for Downloading Music: Copyright Infringement or simply Peer-to-Peer File Sharing?
•Constitutional Law.
–Exists at federal and state level in U.S.
–Exists at the federal level in China.
•Establishes government structure.
•Establishes individual rights.
•Statutory Law at Federal Level
–Enactments of U.S. and People's Congress.
Sources of Law
•Statutory Law at the Federal Level.
–Administrative agency regulations in U.S.
–China also has government agencies that create regulations.
–Government agencies exist at every level of government.
Sources of Law
•State and Provincial Laws.
–Enactments of state legislatures.
•State Codes.
–State administrative agency regulations.
–Provincial enactments and regulations
•Local, District or City Laws.
–Ordinances.
•Consist of county, district or city statutes.
Sources of Law
•Private Laws.
–Contracts.
–Leases.
–Employer regulations.
–Homeowner covenants and restrictions regarding use of real property and improvements. Sources of Law
•Not a neat, concise body of law. Sources include:
–Custom (Country-by-Country).
–Treaties.
•Bilateral—between two nations.
•Multilateral—among three or more nations.
•Geneva Convention—deals with prisoners of war.
•Vienna Convention—diplomatic relations.
•Warsaw Convention—air travel.
International Law
•Private law or party autonomy.
•International organizations (U.N.).
•Act of State Doctrine:
--Protects countries from having foreign courts review their acts.
--Example: Expropriation, confiscation or nationalization.
International Law。