Tag: argument

Arguments about due process and crime control are too simplistic to resolve the conflicts of interests found in criminal justice. Discuss Essay

Arguments about due process and crime control are too simplistic to resolve the conflicts of interests found in criminal justice. Discuss Essay

The art.234 procedure acts as a mechanism by which national courts may apply to European Court of Justice (ECJ), when there is a question regarding the interpretation or validity of the Acts of Community Institutions. It is often said that this procedure is the most important procedural provision of the EC Treaty (Tridimas, 2004, p. 125). When the case has been heard by the ECJ it is then returned to the national court for it to be applied, as it is a judicial device and not an appeal system, it is for the national courts to apply for the procedure not the parties to a case. A preliminary ruling (PR) could be so specific and detailed that it borders on deciding the case and so a clear distinction must be made between interpretation and application as art. 234. gives the court no jurisdiction either to apply the Treaty to a specific case or to decide upon the validity of a provision of domestic law (C6/64 Costa v Ente Nazionale per lEnergia Electtrica (1964) ECR 585). Under art. 225(3) of the Treaty of Nice the Court of First Instance (CFI) also possesses jurisdiction in certain areas to give preliminary rulings, this was done in an attempt to relieve the work load of the ECJ. It provides that where the CFI considers that the case requires a decision of principle likely to affect the unity or consistency of Community law, it may refer the case to the ECJ. It goes on to provide that where there is a serious risk of the unity or consistency of Community law being affected rulings of the CFI may be subject to review by the ECJ. The potential problem with this provision lies within the lexis of the provision itself, e.g. the use of ambiguous phrases such as likely to affect the unity or consistency, serious risk and decision of principle begs the question, what do they specifically include?

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Arguments about due process and crime control are too simplistic to resolve the conflicts of interests found in criminal justice. Discuss Essay

Arguments about due process and crime control are too simplistic to resolve the conflicts of interests found in criminal justice. Discuss Essay

Arguments about due process and crime control are too simplistic to resolve the conflicts of interests found in criminal justice because they seek to make finite the application of both frameworks to criminal justice (CJ) as two completely separate approaches with differing wanted outcomes. But for Herbert Packer (1969), who developed these models the debate is not between two conflicting value positions, but instead positions reflecting different points on the same spectrum. This is evident as whilst crime control is viewed as being concerned with the repression of crime and due process with the protection of the innocent they both seek the same objective namely punish the guilty and free the innocent, although the means by which they achieve this objective varies. An example is seen by applying the models to a CJ institution such as the police, through the eyes of crime control policing is seen as a war against crime and criminals and so advocates that tough policing strategies are needed, thus holds steadfast that the means does justify the end. On the other end of the spectrum however, due process maintains that police should adhere to the letter of the law i.e. they operate within policies and strategies. Commencing with crime control both models will now be explored in relation criminal justice.

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Ignorance Essay Sample

Ignorance Essay Sample

… may have a less painless life-but none is operating in the immediate, just ignorance.
I find some problems with this argument. There are without a doubt people who operate with full knowledge of the long-term pain of their actions and there are many people who find pleasures in the pain that they create for themselves. They would rater operate without restraint and Socrates is making the assumption that people would not want pain in their lives and many would.

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Organized Anarchy Essay Sample

Organized Anarchy Essay Sample

… Both Martin Luther King, Jr. and Lewis Van Dusen, Jr. state their respective positions on the feasibility of civil disobedience. Each argument is eloquent, well-organized, impassioned, and thorough. Martin Luther King, Jr. asserts that civil disobedience is an absolute necessity to achieve the aims of the civil rights movement, while Lewis Van Dusen, Jr. claims that civil disobedience subverts the democratic process and can potentially lead to violence. It is difficult, if not impossible, to find weaknesses in King’s actual argument: his position is supported with historical fact, personal experience, and ethics. He challenges the status quo, which …

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Shrek Essay For Teachers Example

Shrek Essay For Teachers Example

… The Banking Concept of Education by Paulo Freire defines and discusses an element of education which Friere believes many teachers employ within their instruction. He develops an argument that this particular method of teaching is responsible for ignorance within students and ultimately oppression of said students.
Friere explains that the “banking concept” is when students are treated as if they are nothing more than storage banks. They are provided with information which they then store in their memories so that they might regurgitate the information at a later date. Students are taught to accept everything the teacher says as true, …

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Stem Cell Summary On Both Sides Of The Argument Essay Sample

Stem Cell Summary On Both Sides Of The Argument Essay Sample

… (Kass 2002).
This paper is a critical survey of the ethical arguments both for and against stem cell technology. It examines the validity of both arguments, based on Ronald Dworkin’s ethical writings on “the sanctity of life” and John Rawls’ “theory of justice.”
In the conclusion, this paper argues …

… learn how to “reset” and “reprogram” these cells properly. Furthermore, the genetic diversity of the population means that limiting research to the few existing stem cell lines will be inadequate to provide inclusive research. Researchers and scientists warn that unless funding is authorized for the creation of new stem cells …

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Thesis About Homosexual Essay Example

Thesis About Homosexual Essay Example

… and must be declared illegal. Levin’s views may have come under severe criticism from pro-homosexuality quarters but when seen from an unprejudiced and objective point of view, we notice his arguments are based on some solid facts, which cannot be dismissed or denied easily.
The best thing about his argument is that it successfully addresses and answers the most dominant views that have arisen in support of homosexuals. He carefully presents his own views and then skillfully counters other established theories. For example, it is believed that the real cause of unhappiness is not homosexuality itself but the …

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Rosenthal Theories Of Stigma Essay Sample

Rosenthal Theories Of Stigma Essay Sample

… therefore all practices connected with it are unnatural and must be declared illegal. Levins views may have come under severe criticism from pro-homosexuality quarters but when seen from an unprejudiced and objective point of view, we notice his arguments are based on some solid facts, which cannot be dismissed or denied easily.
The best thing about his argument is that it successfully addresses and answers the most dominant views that have arisen in support of homosexuals.

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Proust Swann S Way Notes Essay

Proust Swann S Way Notes Essay

… trying to understand Keats. Swanns article, on the other hand, depends too much on conjecture to make a convincing argument. Swann expects us to accept her opinion with very little evidence. Because Swann is asserting claims that she does not support, her article lacks what it needs to be a valid argument.
The strength of Kelleys article comes from its reliance on the actual drafts …

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Papers On The Phaedo

Papers On The Phaedo

… Opposites argument. The argument has basically two premises: (1) All things come into being, or are generated, from their opposites, and (2) A process accompanies the generation of a thing, which is actually the process the thing had undergone through its generation. These two premises are explained fully in Phaedo through the example of life and death. Socrates explained to Cebes that life is generated and comes into being because of its opposite, which is death. In the same way as sleep is the opposite of waking then the living, whether things or persons, are generated from the dead Socrates …

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Organized Anarchy Essay Sample

Organized Anarchy Essay Sample

… Both Martin Luther King, Jr. and Lewis Van Dusen, Jr. state their respective positions on the feasibility of civil disobedience. Each argument is eloquent, well-organized, impassioned, and thorough. Martin Luther King, Jr. asserts that civil disobedience is an absolute necessity to achieve the aims of the civil rights movement, while Lewis Van Dusen, Jr. claims that civil disobedience subverts the democratic process and can potentially lead to violence. It is difficult, if not impossible, to find weaknesses in Kings actual argument: his position is supported with historical fact, personal experience, and ethics. He challenges the status quo, which …

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Miller’s Argument Essay

Miller’s Argument Essay

In the chapter ‘Beyond materialism’, Miller’s primary argument focuses on the idea that modern human life has reached a point of ‘absolute materialism’ wherein it is believed that all aspects of life can be explained through a scientific theory. Science has trumped religion in the recent past since it caters to the basic human need to feel connected to reality. For instance, as science’s medicines offers relief from real pain, this result-oriented mechanism seems more suited to human needs. Deterministic reductionism eliminates the need for divine intervention to explain previously incomprehensible events as science explains it clearly now, gradually paving the way for god’s disappearance or rather eliminating the human need for god’s existence. However, quantum mechanics, a branch of science itself considers certain aspects of matter at a subatomic level to be inexplicable since their behavior is innately unpredictable.

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The Existence of God: Ontological Argument Essay

The Existence of God: Ontological Argument Essay

Ontological argument of God existence is an attempt to prove that God exists by asserting that existence of God is in essence logically necessary, while on the other hand asserting that God does not exist according to ontological argument is rendered self contradictory (Aquinas, T. & Theologica 19). According to ontological argument, it implies that God existence is grounded in the priori proof that utilizes reason and intuition alone. In other words, the ontological argument emphasize that existence of God can be proved in the sense that, if concept of God can be conceived then He must exist (Anselm 28).

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