Western Legal Tradition Definition Essays

“The Tradition of Political Science”.This imposition of a Western approach is used against the discipline.No legal framework or law may exist mandating the rule of the monarch, but since it is traditionally practiced, then the people accept the authority.Why do we say that the tradition of Political Science is Western and that the knowledge in this discipline is cumulative?The Political Tradition is considered to be Western, which is one of its criticisms, because the theoretical foundations of the discipline, and the philosophers that forwarded those theories, are products of Western thought and culture.

This review will proceed on three distinct but related lines of examination: (1) how racism should be conceptualised (2) the legal definition of racism as it has developed in the UK, the European Union and in other jurisdiction as a pluralistic societal initiative (3) examples of how racism has contributed to the development path taken by modern nations.Whether one accepts race as a genetic based circumstance, or as a purely social invention, it clearly exists and prospers in Western culture.There is little question that racism is endemic in the progression of the development of all Western nations.In modern times, where Western societies have attempted to formulate a comprehensive definition of race, an overwhelmingly white / Caucasian ...

"Parenting Laws: Second Parent or Stepparent Adoption."... middle of paper ... ....se.gov/news/same-sexbenefitsmemo.pdf>.However, this definition of family is a new interpretation that fit the rapid housing expansion of the Cold War years in the Western world.One way that this has been traditionally circumvented is by second-parent-adoption, but if a couple is legally married, then second-parent-adoption has been ruled to be extraneous (Blau).

When those individuals not only participate in the same tradition but also understand themselves as being different from those who do not, then there exists a self-designating shared belief, which is called a ‘collective self-consciousness’, that is, a distinctive culture.While most states aspire to become nation-states in this sense, they tend to limit their claims to legitimacy to an aspiration for political unity and popular sovereignty that, even in old-established Western states, risks being challenged by ethnic communities within their borders.Nation can be defined as a named population sharing an historic territory, common myths and historical memories, a mass, public culture, a common economy and common legal rights and duties fo...

As UK and HK are using the same legal systems, it would be easier for the management of Tang Dynasty to understand the legal environment of UK as well as when there would be any dispute between others within the designated territory.Ricky W. Griffin Sixth Edition, International Business .Political (Legal) Factors .Although HK has been returned to China for more than ten years, the Legal System of HK is still following the English Legal System – Common Law with only limited changes (such as Basic Law).Whether Chinese herbs could be widely recognised and accepted in the UK will be another issue as most of the westerners will believe in western medicine more than Chinese medicine.

Hamdan Al-Jahdali and the other researchers present their interpretation of different statements connected with the issue which are provided in the Quran.As a result, there are many controversies which are associated with the ethical aspect of using advance medical directives.As a result, the second barrier can be overcome accentuating the clear statements supported by the quotations from the Quran that the choice of treatment and the abstinence from seeking therapy adopted in the Muslim society have many common features in their nature with the concept of advance directives.The use of advance medical directives in the Western countries is discussed as the possibility to resolve many ethical and legal questions in relation to incurable p...

The answer depends on the Federal law.This creates a gray area that exists between the legal and commonsense definition.U.S. Bureau of Labor Statistics.The incorrect classifications of workers have legal as well as financial repercussions to a company should a grievance be filed with the Equal Employment Opportunity Commission.What is an employee?

As a political or legal system develops in this rational manner, authority takes on a legal form.According to Max Weber, a modern state exists where a political community has: * an administrative and legal order that has been created and can be changed by legislation that also determines its role * binding authority over citizens and actions in its jurisdiction * the right to legitimately use the physical force in its jurisdiction An important attribute of Weber’s definition of a modern state was that it is a bureaucracy.Those who govern or rule either have, or appear to have, a legitimate legal right to do so.Weber wrote that the modern state based on rational-legal authority emerged from the patrimonial and feudal struggle for power .T...

Western theorists, indeed, might be tempted to look at Chinese Legalists through the lens of Austin, since his work enables us to see a systematic body of thought in the Han Feizi.Western theorists need a corrective lens, which is provided by Lon Fuller.The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi.By definition, Austin’s sovereign is not subject to a superior power and hence does not have any legal duties.(Failure in the legal literature to appreciate the richer analysis is the same kind of failure one finds regarding the Han Feizi.)

All these arguments clearly manifest that gay marriages do not harm the basic foundation of socio-cultural life and they should be sanctioned as legal and lawful partnership like heterosexual marriages.In a decision, a federal court has attributed this legal opposition to the traditional definitional obstacles of marriages that has its roots in the Judeo-Christian morality.In the last decade of the last century, they were able to get the legal recognition in many countries.Eskridge is of the view that a large part of contemporary compensation package and fringe benefits available to the workers and employees contains the provision that these benefits are also available to the workers’ legal spouse.This makes the gay case stronger as the ...

Austin Turk (1976: 276) sums up the critical legal position perfectly: Contrary to the rational model, law is actually “a set of resources whose control and mobilization can in many ways .Once again, according to Sterling and Moore (1987: 76), “As law becomes rationalized, it becomes its own legitimizing principle” – in other words, the rule of law, what Weber calls “formal legal rationality.” This is aided by bureaucracy and professionalization, ensuring “calculability” or predictability in legal matters and making the system self-contained and seamless, almost totally isolated from moral, economic, political, and cultural interests.He identified three types of political legitimization: traditional, charismatic, and legal.Kim Lane Schep...

This is supported by the laws imposed in England which places homosexual couples in the same legal standing as heterosexual couples.The biblical view that homosexuality is sinful and can only be dealt with through repentance, forgiveness, prayer and healing is supported by the highly controversial evangelical Christians; the majority of whom are compassionate in their approach to homosexual people.In conclusion I think it can be said that negative views on homosexuality are heavily adopted in the modern world, throughout both western and un-developed countries.So as a developed western country, England has fully legalised homosexual relationships thus showing that the country disagrees with Old Testament laws on homosexuality which shows...

Ultimately, William Saletan argues his point very well in ?Wok the Dog.?The activists condemn and deplore cruel ... ... middle of paper ... ...t that ?unsightliness, by definition, is in the eye of the beholder, and beholders are motivated by prejudice as often as by justice.?Korean Dog Eating Tradition The Korean practice of eating dog meat has always been considered a peculiar tradition by foreigners.Saletan addresses this argument logically, with the simple fact that in the interest of humane treatment of dogs ?South Korean lawmakers are proposing to legalize, license, and regulate the industry.?Saletan argues that it is the same activists who base their arguments on ending cruelty against dogs who are trying to keep new, more humane ...

In other terms, critics agree that the universalist discourse barely hides a Western attempt to give a moral legitimization to an economic agenda.In addition, the nature itself of the existing legislation on Human Rights has indeed under western influence, favored such rights as privacy and property.Western values may not be universal but it does not mean that universal values do not exist.The western idea that a ‘good litigation can solve all problems’ is also present in Human Rights doctrine.Economic liberalism and political liberalism are brothers and in Western philosophy they are Siamese twins.

Openness and self dependency are a few words that define western culture, but Indian culture is the complete opposite of this.The damage that Indian culture has experienced can be broken down into three parts which are, pursuit of wealth, complex of the west and the most essential of all the power of western media.Mostly, the young generation is very much interested on English movies, western music, dresses, foods and other things rather than Bengali culture.Undoubtedly, western culture and Indian culture are poles apart.In this article, i am mainly going to focus on the two most talked about cultures of the world, the western culture and the Indian culture.

In the Western world and specifically Australia, variations in comparison to other cultures could not be more obvious.Pennell (2001:7) has emphasised how masculinity in Australia started with the patriarchy, the belief that “moral and legal authority derives from the masculine.” The 1950s particularly portrayed masculine males as the breadwinners and feminine females as homemakers, examples of the gender role stereotypes continually perpetuated today (Pennell, 2001).This indicates that the previously alluded to traits of masculinity are instead the Western traits of hegemonic masculinity (Connell, 1995).Sugihara and Katsurada’s (1999:645) study of gender roles in Japanese society characterised Japanese hegemonic masculinity as “a man wit...

In this light Western ideas are not only inferior, they are inapplicable and irrelevant to Islam and Muslim society(10).Islam offers much to Western societies presently dominated by the anarchic demands of rampant ‘isms’: individualism, materialism, consumerism and secularism.Just as Western societies must reassess their ideas about the superiority of their ideals, so too must Muslim societies understand that their traditions need reinterpretation.The religious revivals and reaffirmations of local, traditional values, among the younger generations in Islamic and Hindu cultures especially, are often reactions against the insidiousness of Western cultural influences.Western media are more interested in the violent and emotional than they a...

The aim of this dissertation is to give a holistic and comparative review on the rising and development of performance audit in Western Countries and China, study the challenges faced by audit institutions in China, and give recommendations and suggestions to audit institutions in the development of performance audit from a scientific and development point of view.The Rising of Performance Audit in Western Countries .Effective July 7, 2004, the GAO’s legal name changed to the Government Accountability Office.The Article 1 of Audit Law, which came into effect on 1 June 2006,gave the legal authority of audit institutions for the implementing of performance audit.The Audit Law of the People’s Republic of China was formally promulgated in Au...

“Islam and Feminism: An Analysis of Political Strategies.” In Feminism and Islam: Legal and Literary Perspectives, ed.Zine, Jasmine 2006... A considerably different perspective is presented in Anouar Majid’s “The Politics of Feminism in Islam.” Majid is wary of the dangers of imposing Western feminist traditions on non-Western cultures and attempts therefore to recuperate a feminist tradition within traditional Islamic culture, though he is not entirely successful in doing so.‘Between Orientalism and Posrmodernism: the changing nature of Western Feminist thought towards the middle east’, HAWWA 4,1:76-92. .Majid finds that a major problem in attempting to develop Islamic feminist perspectives is the difficulty of overcoming the Western a...

According to Moser, the equity approach suffered from the hostility of development practitioners (who seemed as sceptical as Razavi and Miller on the alignment of equity and efficiency), lack of guarantees for its implementation in practice, and the fact that it seemed to meet potential, rather than actual strategic gender needs- and that through a top-down legislative approach- arousing the ire of those ready to cry imperialism and Western interference.Another noteworthy comment in the CIDA definition is the mention of “access to and control of resources“ and `reducing the gap“ which will be returned to in the discussion of gender equity.The inclusion of this domain in the definition of gender equality is justified by explaining that su...

However, there is one curious question – is it the top of evolution and progress?The principles founded by thinkers of Enlightenment era were approved for wide implementation today.Political organization, as the symbiosis of fundamental principles, can be defined in next way – the set of formal legal institutions that constitute a “government” or a “state.” (Heslop, n.d.).The broad meaning of this legal and political institution is manifested throughout its primary nature for legislation and power authorities’ organization.To take the general view on this type, the definition given by Gilbert Pleuger is the most suitable: “Totalitarianism is ‘a system of rule, driven by an ideology, that seeks direction of all aspects of public activity,...

The absence of a critical attempt to come to terms with Islam as a heterogeneous tradition in development discourse, and the universality of bills such as CEDAW and MDG 3, deepen pre-existing inequalities and strip Muslims of their own vision of women’s rights (Bradley 2011).Traditional feminist development appears to offer no way to achieve human rights and wellbeing for women other than through the Western model, which implies that women in the West are liberated and Muslim women are trapped.Islamic feminists must be commended for rejecting fundamentalism and the dominant secular Western development discourse and fighting for rights on their own terms.Certain Islamic feminists believe that Western women forfeit their biologically deter...

Social constructions of sex continued to evolve throughout the twentieth century in Western societies.In most western societies, laws allowing a wide range of sexual relationships between consenting adults is the norm, although that legal range varies from jurisdiction to jurisdiction.In Western pluralistic societies of the 20th and 21st centuries, there often exists debate on not only whether there is a common morality, but on whether it is right to expect such a common view.Sex discrimination, on the other hand, may have legal consequences.The debate thus often includes a sub-argument of what is legal vs. what is moral.

Will it be a rush toward even more modernity in Islam?Some more current legal reformers have called for various subtle distinctions as means of arriving at a middle-ground, which would preserve much ancient understanding of Islam, but would also simultaneously make certain applications of the Hadith (and even the Qur’an) as necessarily time-bound and culture-derived.The world eagerly waits to see.According to Norman Geisler and Abdul Saleeb, in their recent work on Muslim and Christian agreements and differences, they give the following definition: Hadith: Literally, a story; an oral tradition later written down of what the prophet supposedly said (sunna), did, or approved ofsomething said or done in his presence, (Answering Islam, 338)....

In terms of categorization, this dissertation presented different layout of the research components so as to accommodate the Islamic legal position together with the jurisprudential referencing for the special purpose company, in terms of its relationship with other parties to the securitization process, which is common among countries where this structure is being practiced at present.CHAPTER FOUR: LEGAL AND SHARI’AH FRAMEWORK FOR SPECIAL PURPOSE COMPANY IN ISLAMIC FINANCE: It explains the Securitization Process and the Importance of Special Purpose Company for Securitization in contemporary Islamic Finance.Part Five: Legal Dimension (Techniques) and Accounting Dimension of Securitization .This process of inquiry into business-related l...

Though it does not seem to be the goal for the Western families either.The comparison between the Western societies and non-Western societies (The Majority World) in terms of family relationship was interesting to me.From what I have heard, I think the children in the Western societies are economically more independent, while the Pakistani children are mostly not so independent in that manner.De-facto relationships as well as the legalization of same-sex marriages in some Western countries have also impacted on the decline of the nuclear family.For so long as we nurture these relationships, and feel a sense of warmth and fulfillment in the company of the other, the notion of family will always be alive.

Goitein, it seems, offered more precise and comprehensive definition: “Islamic religion is characterised by the prominence of legal conceptions in its systems: The Shari’a, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence.It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib’; there is no way to re-visit these concepts or judgments.Such excesses and bitter remarks were summed up and characterized in the following terms: “In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticis...

From my point of view, definition of family in Malay language is different from western perspectives.Therefore, to understand the definitions of family given by any individual or society, they prevalent posted their definition connected with their own cultural, tradition, religion and social surroundings (Flandrin, 1979; Trost, 1990).It is noteworthy to make clear that the term of family have been defined differently between the western and the Malays perspective.They rejected the definition of family which is referring to cohabitation families and homosexual families.Despite these roles of women in Malay society were defined by adat (custom), the definition of the roles were still connected with men under Islamic construction (Laderman,...

For generations, India has had a prevailing tradition of the joint family system.The study reports a stark contrast between Western perceptions of the culture of India, versus the direct experience of the interviewed people.[20] According to Rosser, an American sociologist, Americans of South Asian origins feel the Western perception of the culture of India has numerous stereotypes.Traditionally, the dowry was considered a woman’s share of the family wealth, since a daughter had no legal claim on her natal family’s real estate.Western writers and media usually misses, in important ways, crucial aspects of Indian culture and traditions.

They were not allowed formal education as the majority of teachers and pupils were male, and the chances of a female remaining chaste was slim in those settings, and related to tradition, females must be chaste for their husband.The cause of influence is the very definition of globalization; it is the worldwide flow of goods, services, money, people, information, and culture (Tischler, 2011, 2007, p. 430).For the women who have embraced Western culture, they feel less oppression, more independence, that they have a stronger voice, and there is more acceptance of their rights.Unintentional influence is characterized by the Indian culture possessing access to satellite television, and intentionally influencing the globalization of the Indi...