English Legal System Essay Example | Topics and Well Written Essays - 2000 words

English Legal System - Essay Example Thus, consistency within the law is both in practice and theory, to a maximum extent is preserved and can be regarded as one of the fundamental demands of the meaning of justice, which is covered by giving equal treatment of like cases, in like manner1. UK can be said to be the birth place of the legal concept namely judicial precedent or stare decisis or ratio decidendi. Now, judicial precedent is widely followed by the common law jurisdictions around the world. The judicial precedent concept is footed upon the rule that once a court has given its verdict in a given background, the analogous verdict should be arrived at in any future litigation where the facts of the cases are alike. The judicial precedent principle is based upon the concept that if a verdict was given by a superior court, then lower court is under obligation to follow it, whereas there is no obligation on the superior court to follow the decision given by a lower court. It is to be remembered that decision given by Lord Atkin in Donoghue v Stevenson2 in 1932 as regards to â€Å"neighbour principle† which has become the reference case for the cases involving ‘negligence’ in the latter period3. A gullible consumer may under proper scenarios recoup damages for harm sustained by a defective product either it be car as held in Andrews v Hopkinson,4 or it may be an underwear as held in Grant v Australian Knitting Mills.5 Likewise , the verdict given in Salomon v Salomon & Co Ltd6 also became a precedent in subsequent cases where it was held that a company is a juristic person , has separate legal entity and a company is different from its members.7 In these cases, the courts have considered only the legal principle involved and not the particular facts of the earlier cases. Thus, the legal principle, which is known as the ratio decidendi is the crux portion of the judicial decision which is a binding precedent.8 An obiter dictum in judicial verdict deals with observation made by a judge in the course of litigation, which is not essential for the final verdict and hence is not regarded as a binding precedent. For instance, in R v Howe & Bannister9, it was held by the House of Lords that defence of duress could not be extended to murder crime and this has been regarded as the ratio decidendi of the case. Further, it was observed by the House of Lords, whether the defence should be made available to those accused who engaged in an attempt of murder and observed obiter dicta that the defence of duress should not be made available to the attempted murder also10. It is to be noted that obiter dicta is also referred by other names namely persuasive precedent, which refers to the legal principles observed by the judges which just offer some elucidation on the subject. Thus, persuasive precedents may also emanate from lower courts and also from the verdicts of other jurisdiction11. In R v Gotts12 , the House of Lords was of the view that justification under duress cannot be extended for

Relativism and Morality Essay Example | Topics and Well Written Essays - 750 words - 3

Relativism and Morality - Essay Example It was just brave to put forth that some things are just basically wrong not because they are â€Å"never questioned or breached in practice, but because they never should be† (88). Goodman’s disagreed on Matilal’s idea of pluralism that norms differ from one society to another. Goodman argued that while Matilal’s assertion in many aspect are true, the concept of what is right and wrong is not just about common consent but unanimity. For what is agreed by many may not necessarily mean right. In plain language, mob rule is not always right. Such, Goodman puts forth the four areas which human experience where right or wrong is constant regardless of time, culture, understanding, religion or circumstance. It may already be a common knowledge but Goodman, put coherence and logic why these acts are not to be done in the first place. They are; (1) genocide, politically induced famine, and germ warfare; (2) terrorism, hostage taking, and child warriors; (3) slave ry, polygamy, and incest; and (4) rape and female genital cutting. We already know that murder is wrong much more when it is done on mass scale which what happens in genocide. Goodman succinctly put the argument what we already that â€Å"all living beings make claims to life†. ... It is not even limited to a tyrant’s prejudice, but can also be glossed over with good intention such as Maoist Cultural Revolution where â€Å"he was ready, he bragged in 1958, to sacrifice 300 million lives which composed half of China’s population, â€Å"for the victory of world revolution†. Goodman also hit the head of the nail to bury the very reason why terrorism is utterly wrong. His reasoning stood above the excuse of justifying terror that â€Å"one man’s terrorist is another man’s freedom fighter†. The excuse of subjectivity, that one group may disagree while another may find it laudable was paled with Goodman’s exposure and giving terror a face why it is just wrong. It willfully targets non-combatants and intend to intimidate and attract attention at the cost of many lives. Its obscenity and flagrancy as an act was exposed when Goodman rightfully conveyed that in terrorism, â€Å"the more helpless the victims, the more lur id the light. . . The more devastating the damage, the more inhumane, the more avidly is it sought by the strategists, ideologues, and theologians of terror†. The vileness of intention which was unmasked by Goodman just stripped terrorism any of its political justification that made it acceptable to some sectors in society. The excuse of addressing terror’s â€Å"root cause† also became moot as Goodman explained that soft pedaling the act of sowing fear make them pushes the pedal complicit with those who seek to profit politically from the mayhem. Equally unacceptable as murder in any form or method, is also the exploitation of individual be it in the form of slavery, prostitution or any form of exploitation