Australian National Identity Essay Example for Free

Australian National Identity Essay According to Zimmermann there are as many legal systems as there are national states. Every country has its own unique legal system. However, we can allocate among them three main legal systems. These are: Civil Law, Common Law and Islamic Law. Civil and Common Laws are the most influential legal systems in the world, especially in its Western part. All three of these legal systems have existed and developed for many centuries. Further will follow the description of the historically appearance of each legal system separately. Civil legal system is considered to be the oldest and the most widespread one. It also known as Continental, Roman or Romano-Germanic law. In general, Roman law consists of a combination of three main subtraditions such as Roman Civil Law, Canon Law and Commercial Law. The development of Roman Law cover more than a thousand year period, starting from the publication of the law of the XII Tables in Rome (450 B. C. ) and the code of Emperor Justinian I Corpus Juris Civilic , which was created in period from 529 – 534 A. D and later developed by medieval legal scholars. Countries with Civil legal system: France, Germany, Japan, Russia and Uzbekistan. The Common law evolved in England since 11th century after being conquered by the Normans in 1066 A. D.. Afterwards William I the Conqueror created central government and began to standardize the law by combining the best of Anglo-Saxon law with Norman Law which led to a creation of English Common Law. â€Å"William’s enduring legacy was the creation of highly centralized legal system†. [1] (Kritzer, H, M, 2002). The case law originally appeared when the King understood, that many cases, which he had to solve were similar and needed standardization. During the 14th century legal decisions on the common law started providing precedents for the judges to follow. In 1769 Sir William Blackstone wrote Commentaries on the Laws of England, which became the basics of the most common law statutes. These are countries with common legal system: England, United States of America, Australia, Canada, Pakistan, and India. The Islamic Law is called Sharia. The primary sources of Islamic Law are Qur’an and Sunnah. Sharia covers all aspects of every day life of Muslims, including such things as: economics, family and social issues. The legal systems in the World are divided into three main groups: Common, Civil and Islamic legal system, as it was discussed earlier. According to Zweigert, K. and Kotz, H. there are five main differences this two legal systems can be compared: historical background, legal investigation, legal institutions, the sources of law and last one is its ideology. Civil and Common legal systems have both similarities and differences. The main difference between these two legal systems is that common law in England was based on customs, the court existed a long time before there were any written laws. In contrast, the Civil Law developed from ancient Roman Law of Justinian I The second difference is the role of sources of law. At present time there are such sources of law as codes, legislation, customs, judicial decisions (case law), equity and doctrinal writing. Each legal system has several sources from those which were mentioned above. For instance, as De Cruz (2007) points out â€Å"the main sources of law in Civil law countries are the codes, enacted law, doctrinal writing, custom and decided cases. †[2] Civil legal system is codified statutory system, where the main principles and rules are stated in codes. This means that codes and statutes are valued higher and case law is considered just as a secondary source of law. On the other hand the Common law system is uncodified, â€Å"governed by case law and statutes play only an auxiliary role to precedents established by courts†[3](Kritzer, H M, 2002). Equity and case law are accepted sources of law in Common law countries. They do not exist in Civil law jurisdiction. Equity is understood not only as justice but is also considered as a set of legal principles, which are applied in Common legal system. Equity deals with â€Å"situations by applying notions of good sense and fairness†. [4] (Elliott, C Quinn, F, 1996). The law is dominantly created by judge and often without checking the legislation, only by drawing analogy the previous similar cases. This moment shows the difference of the legislators in civil law and in common law. In the civil law, judges should apply the law, which was created by the legislator, on the basis of separation of powers. On the other hand, in common law the judge is given the power to create the law. Another difference between civil and common law system is the force of precedents. In civil law system, the court decides the particular cases according to the legislation and legal norms. But in the common law the courts are supposed not only to solve the cases, but also give an example of how similar cases have to be solved in the future. This means, that decisions, which are made by higher level courts in a specific areas are binding the lower ones to follow them. This makes the court in the common law the basis of legislation. Court procedures are also differentiating in both civil and common legal systems. We all know that at the court two parties cooperate by presenting their evidence to each other. Civil legal system has an inquisitorial procedure. In inquisitorial procedure the judge is the active person, who also takes more investigative role. Common law countries use the accusatorial system, which is also known as the adversary procedure. † The common law principle which places the responsibility for collecting and presenting evidence on the party who seeks to introduce that evidence. †[5] (Woodley, M, 2005). In accusatorial procedure judge is a passive person in comparison with the inquisitorial procedure. Moreover, the last word in court procedure (Civil legal system) has the defendant, whereas in Common law the last world has the prosecutor. Next difference would be legal institutions. It can be seen on the following examples. Trust is a branch of law which exist in Common law countries, significantly developed in England. It regulates relationship between trust and trustee. Trust is the person who delegates their ownership, whereas trustee is the person who owns trusts’ proprieties due to many reasons (e.g. underage) The principle of presumption of innocence works differently in Common and Civil law in criminal cases. In Common law it means that a person is innocent until his gilt is proven by the prosecutor and by the facts he presents. On the other hand in civil legal system, it suggests that a person is found to be guilty until he proved that he is innocent. Convergence theory is a system, when one particular country has a mixed legal system. Mixed jurisdiction in recent time, became a subject of huge debates and discussions in European Union. This is happening because, EU has united many countries with different legal systems under a single legislation. So now EU is becoming an area of convergence, where two major legal systems, civil legal system of the continental Europe and common legal system of England, are getting mixed with each other. But this kind of situation with the mixed jurisdictions did not occur only in European Union. Louisiana and Quebec are examples of mixed jurisdiction systems. Before being a part of USA, Louisiana was a French colony since 1731 till its cession to Spain in 1763. In this period of time Louisiana had a French legal system. But after its cession, French law was replaced by Spanish Law. The Spanish law included â€Å"Nueva Recopilacion de Castilla (1567) and the Recopilacion de Leyes de los Reinos de las Indias (a rearrangement of major legal texts up to 1680), and, in default of a specific rule in a later enactment, the Siete Partidas (a compilation of laws, based on the Justinian compilation and the doctrine of the Glossators, made under King Alfonso X in 1265 and formally enacted under King Alfonso XI in 1348)† (Tetley,W., 2000). On 20 December of 1803 Louisiana became part of United States of America. USA had a common law legal system. The mixture of common and civil law systems lead to a misinterpretation of laws, because all other codes were written in different languages. That is why, Edward Livingston in 1808 created a â€Å"Louisiana civil code†, which was approved by the major advocates of common law. In 1825 the Louisiana civil code was modified by adding missing force and was organized similarly with French Civil Code. The third civil code was evolved in 1870. The complete edition of all three codes was published in 1938. Starting from 1976 Louisiana’s State University is now responsible for the Louisiana civil code. Another striking example of the mixed of jurisdictions, would be Quebec. For a long time before being ceded by the Great Britain, Quebec was the part of France, and called le Canada. This means that in Quebec was under French Civil Legal system. After cession with Great Britain, the legal systems got mixed, and this lead to a confusion of the applicable law. The French population boycotted the new English law. To make some clarifications were made by creating a Quebec Act 1774, which combined both civil and common legal systems. In 1791 The Constitutional act divided Quebec into Upper Canada, with common law system and Lower Canada with civil law. Nowadays Canada still has a mixed jurisdiction The mixed jurisdiction is, in my opinion, a myth, but many countries are trying to reach the convergence between these two main legal systems. As I stated before, some countries already have mixed jurisdiction, but this mixture often leads to some misunderstandings and confusions to the legal authorities of the country. Convergence theory is a myth, but as long as developed countries will try to mix both of these legal systems, it can become reality. Bibliography Books: 1. De Cruz, P. , (1999). Comparative law in a changing world. 2nd ed. GB: Cavendish Publishing Ltd. 2. Elliott, C Quinn, F. , (1996). English legal system. New York: Addison Wesley Longman 3. Tetley, W. , (2000). Mixed jurisdiction: Common Law vs. Civil Law (Codified and Uncodified). USA: Louisiana Law Review. 4. Woodley, M. , (2005). Osborn’s Concise law dictionary. 10th ed. London : Sweet Maxwell 5. Kritzer, H M, (2002). Legal systems of the world. California : ABC-CLIO 6. Zweigert, K. and Kotz, H. , (1998). An introduction to comparative law. 3rd ed. New York: Oxford University Press. Internet Sources: 1. Pejovic, C. ,(2001). Civil Law and Common Law: Two different paths leading to the same goal. [online] Available from: [Accessed 17 March 2009]. 2. Radford University. Description and History of Common Law [online]. Available from: http://www. runet. edu/~junnever/law/commonlaw. htm [Accessed 18 March 2009]. 3. Common Law vs. Civil Law. [online] Available from: [Accessed 17 March 2009] 4. Rial, J. S. , (2002). Origins of Common Law. [online] Available from: [Accessed 17 March 2009] 5. The Columbia Electronic Encyclopedia, (2007). Corpus Juris Civilic. [online] Columbia University Press. Available from: http://www. infoplease. com/ce6/society/A0813641. html [Accessed 16 March 2009]. 6. Law. com Dictionary. Common Law. [online]. Available from: http://dictionary. law. com/definition2. asp? selected=248 [Accessed 17 March 2009] [1] Kritzer, H M, 2002, Legal systems of the world, volume I A-D, ABC-CLIO, California. [2] De Cruz, P, 2007, Comparative law in a changing world, 3d edn, Routledge-Cavendish, Oxon. [3] Kritzer, H M, 2002, Legal systems of the world, volume I A-D, ABC-CLIO, California. [4] Elliott, C Quinn, F, 1996, English legal system, Addison Wesley Longman, New York. [5] Woodley, M, 2005, Osborn’s Concise law dictionary, 10th edn, Sweet Maxwell, London.

Personal Computers are better than Macintosh Computers Essay -- Techno

The conflict between personal computers (PCs; developed by Microsoft) and Macintosh computers (Macs; developed by Apple) has occurred for many years. The two are constantly competing with each other to win over the computing market. Macintosh claims that their computers are more efficient when working with graphic design and media arts, while a PC is known for mathematical superiority and a stronger variety of hardware and software. Many myths about both systems have been spread amongst the consumer world. However, proper research can easily clarify these fictions. Someone looking to buy a new computer has a right to know the truths behind both systems. Though the Macintosh computer and the personal computer have been competing for years, a PC is a much wiser choice for the average consumer. The PC and the Mac have many factors that can be compared and contrasted. Walking through the computer store, a shopper can see the two side-by-side and begin to make conclusions. The Mac looks sleek and fancy with all sorts of different colors while a PC may appear to be nothing more than a vanilla-colored box. However, when the shopper looks around the store, it is easy to notice "that Mac titles aren't easy to find" (Kantor). Microsoft's operating system, Windows, is supported by many software developing companies, while only a small selection is made available to Mac owners. Something else someone might notice is that only Apple makes Macintosh computers, while many different companies can make a PC that supports Microsoft Windows. Taking a brief look at the interface of the systems, the Mac looks bubbly and "cute" while the Windows desktop tends to look more corporate or professional (Farmer, Harris, Kantor, Marks). Let's look a littl... ...list of companies while only Apple makes Macintosh computers. Both Macs and PCs are vulnerable to viruses, so one of Mac's few advantages is actually a myth. It would seem that a personal computer has many advantages over a Mac. Therefore, it would make sense that PCs make up "95 percent or more of the market" (Kantor). By sticking with the majority, a user has easy access to people who are trained to repair their computer and to hardware and software selections (Kantor). Due to of the reasons stated, a personal computer is a much better choice than a Macintosh computer for most consumers. People with certain needs may be happier with a Mac. However, the majority of consumers will find reliability and satisfaction in a PC. An educated shopper knows what they are personally looking for, and hopefully those who read this essay can confidently make their own choice.

Why People Use Steroids Health And Social Care Essay

Steroid is a category of manufactured testosterone-like drugs that are used to construct musculuss, encouragement and better visual aspect ( Basic facts about drugs: steroids ) . Many organic structure components, drugs and endocrines are referred to steroids such as bile acids, steroid alcohols and sex endocrines. Anabolic-androgenic steroids are the most widely used steroids used as public presentation heightening agents ( Purchase anabolic androgenic steroids ) . Another steroid type is Cortico steroids, which are used to cut down the impact of hurting, swelling and inflammatory symptoms. Some steroids are necessary to normal wellness such as Vitamin D. However, some are used to derive physical strength.Why Peoples Use Steroid?Work forces used to be the steroid users, but the tendency is altering and now steroids are besides used by females. And now the usage of steroids is non limited to any peculiar gender ; both work forces and adult females use it. The ground for this displace ment is the desire of holding a strong build is besides fast emerging in females. As a consequence they use steroids to acquire into better form. It is non that merely grownup females use steroids, but immature females besides steroids for fast physical growing. The usage of many steroids is illegal, and it can merely be used on physician ‘s prescription, yet many sportswomans have found guilty of utilizing steroids in the recent yesteryear. As a consequence, some received impermanent prohibition while some got lifetime prohibition. Now the inquiry is why they use steroid if it is prohibited? The reply is a bulk of steroid users believe that steroid is the lone manner to develop musculus strength. Furthermore, everyone loves winning, therefore people besides use steroids to heighten their public presentation. Some steroids are used as drugs, and like other drugs, people use steroids to get away the world and bask the pleasance drugs provide them. In today ‘s universe, people want to see their favourite sportswoman winning. Therefore, jocks do whatever it takes to win and they start utilizing steroids to execute good in their several athleticss, but in making so they overlook the side effects of steroid.Steroid Abuse Effects on Men and WomenThe inordinate usage of any substance has some side effects so as the steroid. Unnecessary usage of steroid may hold inauspicious affects on human wellness. Aggression and unmanageable mood-swings are the most common side effects that are caused by steroids ( Disadvantages to steroids ) . Peoples may experience good after utilizing steroid, but uninterrupted usage may do people violent and manic-depressive. There are different gender-specific side effects caused by the unneeded usage of steroid. Problems faced by male users are baldness, gynecomastia ( Development of chest issues ) , sterility, testiss atrophy, and prostate malignant neoplastic disease. In add-on, jobs faced by female users are infertility, additions in organic structure hair, deeper voice, and unpredictable catamenial rhythm and enlarged button ( Disadvantages to steroids ) . These are few jobs that can ensue due to steroid usage. In add-on, steroid besides affects human birthrate that can do different jobs for both work forces and adult females. The following subdivision highlights the effects of steroid usage on human birthrate.Steroid Affects on Men and Women FertilityAs discussed earlier, the uninterrupted usage of steroid can do a figure of health-related jobs. The most terrible 1s caused by the usage of steroid are birthrate jobs in both work forces and adult females. This job can frequently be long permanent ( Illegal drugs and their affect on your birthrate ) .Steroids Affects on Male FertilityMany males do non see the effects of steroids on human birthrate at all. They merely care about looking good by holding large musculuss and executing good in the athleticss sphere. The fact remains clouded until they decide on get downing up a household and it is so when their wont of utilizing steroids begins stalking them. In males, powerlessness and erect ile disfunction are the most common side effects of utilizing anabolic steroid. Steroids besides significantly affect the sperm count. This is because maltreatment of anabolic steroids badly affects the endocrines, which are indispensable to the sperm production ‘s procedure ( Low birthrate caused by steroids ) . In add-on to the fact that the usage of steroid can stop up in low sperm count, it can besides lend in cut downing the sex thrust. Therefore, it can be said that steroid can so do a figure of sexual and generative jobs in male ( Doweiko, 2008 ) . And the more the steroids are taken, the larger it will impact the endocrines form. Fortunately, the amendss that steroids cause on the male birthrate can be reversed if person stops taking the drugs. However, the effects can stay for a twelvemonth, and the sperm count and maps can stay accomplished. It is of import to avoid low birthrate caused by steroids. The status should be on the first precedence to be considered, particularly if the steroids are being used for the recreational intents. In add-on, people should non utilize steroids unless their wellness attention suppliers recommend them.Steroids Affects on Women FertilityIt is non a concealed fact that there is ever a danger of low birthrate when utilizing steroids, both prescribed and non-prescribed. Fertility tabular matters caused by steroids can upshot females. Like males, the usage of steroids can hold a detrimental consequence on the generative system of females. In terrible instances, the birthrate can be for good affected. Those females who take corticoids on a regular basis and trusting to gestate a babe are more prone to the side effects of steroids. Pseudohermaphroditism is another state of affairs that pregnant adult females can endure due to the maltreatment of anabolic steroid. In add-on, it can besides impede the growing of female foetus. Steroids besides increase the hazard of foetal decease in adult females. It is of import that they should confer with with their doctors on a regular basis to avoid any bad luck in gestation or birth defects. The ground is the harm for some adult females in that instance can be permanent, and it can hold an impact on their ability to gestate. Furthermore, such types of steroids remain in the organic structure for a longer period, therefore, the effects can stay till the drug is present in the organic structure ( Low birthrate caused by steroids ) .

Nazi Propagand Hitler Was The Fuhrer At The Time Of The...

The 1936 Olympics were held in Berlin, Germany held from August first to August sixteenth. 49 nations showed up and 3,963 athletes represented them. Adolf Hitler was the Fuhrer at the time of the olympics and used it as Nazi propaganda. Hosting the olympics helped Germany show the world that it had recovered from the destruction and isolation The Treaty of Versailles had caused it. Adolf Hitler hid his racism towards Jewish people and Roma people and as well as its growing military. In 1931 the International Olympic Committee chose Berlin for the eleventh Summer Olympics. In 1933 Hitler was appointed chancellor and Germany became an one party dictatorship. Germany then started to go after Jewish people and blamed their problems on them.†¦show more content†¦Many events also pushed the world to WWII including the Spanish Civil War, Anschluss (annexation of Austria), the occupation of Sudetenland, and the invasion of Czechoslovakia. The English Prime Minister, Neville Chamberl ain, offered many opportunities for Hitler to honor his commitments and put his racial and crazy ambitions aside. When Poland realized about its impending invasion it went to England and France for help. These two countries made a promise that if Germany invaded Poland they would declare war on Germany. So after Germany invaded Poland, England and France had no choice, but to declare war on Germany starting WWII. The 1972 Summer Olympics occurred in Munich, Germany where an unthinkable event happened. It was September 5 and everthing was going smoothly, the Israeli athletes had just returned to their sleeping places. Around 4:30 a.m. eight Palestinian terrorists jumped a six foot fence and headed for the Israeli athletes apartment. These terrorists were part of a terrorist group called Black September. They then rounded up the athletes from apartments one and four. Several of the athletes fought back, two were killed, a couple escaped out the windows, and nine were taken hostage. Once word of this event reached the media, the terrorist dropped a slip of paper with their demands. They wanted 234 Arab prisoners released from Israeli prisons and two from German prisons. The terrorists wanted this demand met by 9 a.m.