Philosophy of Law Essay Example | Topics and Well Written Essays - 3250 words

Philosophy of Law - Essay Example "What philosophy is, or should be, is itself a philosophical question that philosophers have understood and treated differently through the ages." (Wikipedia Philosophy p1). Philosophy can also be defined as a "doctrine: a belief (or system of beliefs) accepted as authoritative by some group or school; the rational investigation of questions about existence and knowledge and ethics; any personal belief about how to live or how to deal with a situation." (Princeton WordNet p1). The second of the above definitions lends itself to our thesis. 'Some group or school' could be analogous to the legal profession; 'doctrine' could be analogous to the law; 'personal belief about how to live' could be analogous to an individual's virtue, morality, and ethics; and 'deal with a situation' could be analogous to entering into a negotiable instrument such as a contract. This second definition mentions most of the issues that have given rise to a wide ranging concatenation of philosophical treatise and thought concerning the philosophy behind and used in the creation of a body of laws meant to guide the individual in their dealings both in rem and in persona. The philosophy of law could be said to trace its origins back before Plato and Aristotle established what contemporary society defines as virtue ethics (Wikipedia Philosophy of Law p1). ... Some of these social contracts could probably even fit today's UCC definition as "negotiable instruments" (Yovel 7). Whether these early contracts fit the Uniform Commercial Code (UCC) is not the question. The question is whether engaging in the philosophy of law is more than just a mental exercise. Hence we must first become familiar with what is currently thought of as the philosophy of law and then use some specific case examples to validate the premise that it has relevance and should not be disparaged. Wesley Newcomb Hohfeld's analysis originally published as two articles in the Yale Law Journal in 1913 and 1917 and are "...now a standard part of legal thinking" (Walker, Oxford Companion to Law 575) is a starting point that appears to provide a reference plane from which we begin our familiarization with the philosophy of law. Hohfeld believed that philosophically, there were co-dependent and inter-related fundamental legal concepts. In his two papers he enumerated eight entities called jural correlates and jural opposites. "Hohfeld maintains that legal analysis is frequently muddled and inconsistent because of an improper understanding of the fundamental legal conceptions. His stated goal is to catalogue and clarify these conceptions. He asserts that there are eight such entities: right (claim), privilege (liberty), power, and immunity along with their respective correlates of duty, no-right (no-claim), liability, and disability. In addition, each fundamental conception is a jural opposite to another: privilege (liberty), right (claim), power, and immunity are the respective jural opposites of duty, no-right (no-claim), liability, and disability" (O'Reilly p1). Can the

Comparison of the health staus of Australian males and females Essay

Comparison of the health staus of Australian males and females - Essay Example e paper will aim at analyzing if healthcare institutionalization paradigms operational in Australia facilitate in offering similar services for both genders. Study reveals that there are striking contrasts in healthcare patterns amongst both genders, however, the comparison also reflects the fact that the factors affecting the health of both the genders are also quite diverse in nature which calls for differing treatment for ailments. Furthermore, the ailments affecting both the genders also reflect distinct patterns which also instigate policy mechanisms diverging at various points. Though the proposition made here reveal divergent policies for both genders in Australia, it must not be assumed that convergence in no way is possible since there are a few areas in health sector where similar treatment is also available for both genders. To understand the divergent patterns of healthcare in Australia, it is crucial to understand how social determinants affect the physical well being of individuals. Since through their lives, men and women go through different social and cultural phases, the health status of both genders also differ. For instance, over the years cardiovascular diseases have been assumed to be a man`s disease which is also true in the context of the kind of stress they go through in the competitive work environment (Australian Government Department of Health and Ageing. 2010). Since women are associated more with other kinds of diseases, they are under-represented in the healthcare system when it comes to cardiovascular diseases. Similarly, the prevalence of diabetes is more widespread amongst the male populace of Australia owing to the genetic variations and lifestyles which the males exhibit more often than women. However, diseases like breast cancer may only be accounted to females, which is almost 28 % of the diseases which the females are diagnosed for (Australian Government Department of Health and Ageing. 2010). Yet, lung cancer is diagnosed