The Civil Rule Of Law Essay

The Civil Rule Of Law Essay

Length: 1777 words (5.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

In his book Boudreau then establishes that the British rule of law which Canada has adopted holds an underling promise to address issue of law and order with fairness and equality for all who come under it. According to Boudreau, legal traditions held by Canada from Great Britain and embedded in the rule of law include the separation of judicial and political aspects of the system, the presumption of innocence until an accused if found guilty, and an accused right to a fair trail under the court of law (p.79). With the justice system supposedly under the terms of the British rule of law, to protect the rights and safety of individuals is to be its goal, while at the same time operating in the public interest (p.79). This meant that the justice system was responsible for holding people accountable for their actions. From this Boudreau gives a clear account of the two views of criminal discourse in the city: the traditional perspective; and the progressive perspective. Here Boudreau successfully establishes that traditionalism focused primarily on the individual committing crime, supporting increases in surveillance and stricter law enforcement (p.76). On the other hand, progressivism is more concerned with the social generation and meaning of crime, crime being considered an inevitable consequence of social and economic change, like that brought about in the city of Halifax towards modernity (p.77). Boudreau is clear in emphasising that the importance of understanding the perceptions of social disorder, the meaning of criminal acts, and the criminal behind them, is that it illustrates how people in Halifax treat crime, its perpetrators, and potential perpetrators (p.78). The issue with formal justice according Boudreau’s argument ...


... middle of paper ...


...rule of law set out to address this struggle holds a theoretical principle to treat all who come before it fairly and equally. With this Boudreau further argues that the formal judicial system systematically construct an opinion amongst the public about criminality and shaping the image of crime and the criminal. In the final chapters of his book Boudreau is clear and concise in demonstrating how this construction of the image of crime and the criminal perpetuates existing socio-economic inequalities and inequalities in class, gender and ethnic relations. With this I can say Boudreau has effectively convinced me of his argument that the justice system presents a contradiction in the rule of law, as it promises equality and fairness to all who come before it, yet otherwise can be demonstrated. Overall I fell Boudreau was effective in demonstrating this contradiction.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Accountability of the American Government in the Case of Mr.Padilla Essay

- The Government of the United States, going against Mr.Padilla’s Constitutional rights and not providing him an opportunity to contest the legality of his detention, comprises the value of the Government’s accountability as a law-abiding state. In this particular case, it appears that government officers, including the president, believe that they should be able to do what is against pre-existing laws, if it is necessary to the preservation of the state and its citizens. However, this view raises some serious problems....   [tags: Rule of Law, civil liberties]

Better Essays
958 words (2.7 pages)

The Law And Civil Law Systems Essay

- Deciding Cases in the Common Law and Civil Law Systems I Problems with Retroactive Rule-Making Retroactive rule-making is applying a legal rule or law to conduct that has already occurred before the making of the rule. What makes the rules of a legal system legitimate is justice. People need to know the law and what it is so they can follow it. Legal systems frown upon or may prohibit retroactive rule-making because it does not enable people to predict the legal implications of their actions or behaviour....   [tags: Common law, Law, Appeal, Judge]

Better Essays
944 words (2.7 pages)

Essay about Criminal Law And Civil Law

- There are two types of law in the U.S. judicial system: criminal law and civil law. Civil law is considered as a law that is designed to address private wrongs. “A private citizen who believes that he or she has been injured in some way by another may sue that party for damages” (Hemmens, Brody, & Spohn, 2013). Civil law as stated before is the settling of disputes between private citizens since many disagreements can arise concerning anything from property, contracts, and even personal injuries....   [tags: Criminal law, Law, Civil law, Civil law]

Better Essays
710 words (2 pages)

The Common Law And The Religious Foundations Of The Rule Of Law Before Casey

- The Common Law and the Religious Foundations of the Rule of Law before Casey In light of Craig Stern’s excerpts, from the book, A Higher Law by Jeffrey A. Brauch, he writes four Christian ideas-doctrines “Four Christian ideas-doctrine in fact-are both especially important to that religion and especially important to the rule of law in the common law tradition.” Stern’s believes this formulates the doctrinal belief of the Christian faith. “The first of these is the doctrine of God himself, that is, his being and his work.” By this, Stern’s means that God is the creator of all things he is the beginning and the end....   [tags: Law, Common law, Jesus, Christianity]

Better Essays
963 words (2.8 pages)

Essay on Maintaining the Rule of Law

- The judicial court system aims to achieve justice by upholding the ‘rule of law’, in which everyone is ‘subject to the law and can rely on the law to set the bounds within which other people and governments can operate.’ However, the rule of law does not always work to prevent all injustice, and lawyers should be actively involved in developing and maintaining the rule of law to establish a civil society which can be the foundation of justice for all. This is achieved through the professional identity legal personnel establish, demonstrating the importance of professionalism and resilience in the pursuit of justice and prevention of arbitrary abuse of power....   [tags: magistrate, judicial, lawyers]

Better Essays
745 words (2.1 pages)

Common Law : Common And Civil Law System Essay

- 1.a What is the meaning of the term common law and what are the characteristics of a common law system. Throughout the world there are two types of legal systems; common and civil law. The most prevalent is the Civil law system, which grew from Roman law. The less frequently occurring of the two systems is the Common Law system, with only 27% of the world’s 320 legal jurisdictions using Common Law. Common law can refer to any legal jurisdiction that is using the English system. Common law is case law, a more flexible system of law by contrast to civil law....   [tags: Common law, Law, Civil law, Statute]

Better Essays
1537 words (4.4 pages)

Lack of Rule of Law in China Essay

- Aristotle once stated, “The rule of law is better than that of any individual.” The essential characteristics of rule of law are: the supremacy of law, meaning both the government and individuals are subject to the law; a concept of justice that emphasizes interpersonal adjudication, based on importance of standards and procedures; restrictions on discretionary power and exercise of legislative power by the executive; independent judiciary, judicial precedent and common law methodology; prospective, not retrospective legislation; and underlying moral basis for law....   [tags: International Law]

Better Essays
2069 words (5.9 pages)

Historical And Cultural Roots Of The Civil Law System Essay

- I- INTRODUCTION Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment ....   [tags: Common law, Law, Civil law]

Better Essays
1354 words (3.9 pages)

Essay on Civil Disobedience Is A Constitutional Right

- “An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law” (King, Martin L., Jr.). When the African Americans were protesting oppression it was an act of civil disobedience. When the women’s suffrage movement happened thousands of women marched in the streets, they endured hunger strikes, and submitted to arrest to gain the right to vote (Starr).In other words, America has a long history of civil disobedience....   [tags: Protest, Civil disobedience, Law]

Better Essays
1174 words (3.4 pages)

The Justification Of Civil Disobedience Essay

- In “The Justification of Civil Disobedience”, John Rawls says that civil disobedience is done in a public setting and is usually a non-violent protest or act. It is done in a situation where arrest and punishment are expected and accepted without resistance. Each of Rawls key characteristics of civil disobedience helps justify why civil disobedience is consistent with respect for the law. The constitution itself gives every citizen the freedom of speech and therefore for those laws that people find unjust, the people of the nation have the right to speak up and try to have the law changed in order to benefit the public in the best way possible....   [tags: Law, Political philosophy, Civil disobedience]

Better Essays
2021 words (5.8 pages)