There are certain categories of legal tradition that differentiate by country or time. These legal traditions are shared by a certain groups of individuals or whole systems in and of themselves. In other words, you have to understand the legal tradition, and which legal system it is affiliated with, to understand the whole picture of how disputes and conflicts are handled. I think in our modern times, it would be challenging to find one legal system that is without influence from other legal systems (Different Legal Traditions, 2012). Legal traditions tend to incorporate different elements from other cultures and legal systems. Most legal traditions have derived from a common origins, similar institutions, and shared concepts from regarding …show more content…
Types of influencing factors on legal traditions include: cultural, economic, political and social contexts (Different Legal Traditions, 2012). For example, think of Paul’s scenario when he was being tried for causing unrest among Jewish people in Roman court, but the Jewish people did not want Felix to try Paul court, and instead, wanted Paul handed over to them for a trial in Jerusalem. Paul is allowed to be sent to appear before the emperor and he attests that there are “hidden charges or motives” for his political prosecution. Paul is exposing an “unmentioned sub-story” (certain Jews in particular who plan on killing Paul during his location transfer) that relates to his issues and imprisonment. Paul asked the court to hear all sides of the issues before making a decision on Paul’s case. Paul was grateful to stand trial before Felix because Felix was familiar with these Jewish people and the issues which were really at stake. Paul could easily state his complicated case before Felix, with Felix’s ability to follow along with all the moving pieces like culture, religion, and politics, and how they were influencing this particular …show more content…
I included this paper because I enjoyed the discussion about the qualities of a good negotiator. Good negotiators are usually people who are respectful others, can develop a strategic negotiation plan, and understand you have to think about certain things, like the “big picture” of a situation in order to generate creative options (Dietmeyer, 2008). One of the reasons why I included this written work in my Artifact, was for the second part of the assignment, we were required to describe a conflict scenario. For that conflict scenario, we were to evaluate reasons as to why utilizing negotiation would be wrong for that situation. Next, we were allowed to take the opposite approach, and list reasons as to why we should use negotiation techniques for the conflict scenario. I always enjoy getting to do assignments that look at both ends of the spectrum: “why should we do something and why should we not do something.” If you have ever been in therapy, it sort of like doing the “empty chair exercise” that some therapists ask you to do when a client is experiencing conflict. And essentially, the whole point of the exercise is for the individual to be able to experience different aspects of a conflict in a new manner through the “empty-chair”
Where does the heart of the legal problem lie in the late eighteenth to early nineteenth century? The legal system of the time was built on English Common Law. This Common Law used earlier legal precedents combined with the facts of a case in order to determine guilt or innocence. However, this system left a great amount of room for interpretation that lawyers of the time were able to use to their advantage. By the early nineteenth century, lawyers ...
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
Negotiations styles are scholastically recognized as being broken down into two general categories and those are distributive bargaining styles and integrative negotiation styles. Distributive bargaining styles of negotiation are understood to be a competitive type of negotiation. “Distributive bargaining, also known as positional bargaining, negotiating zero-sum, competitive negotiation, or win-lose negotiation, is a type or style of negotiation in which the parties compete for the distribution of a fixed amount of value” (Business Blog Reviews, 2011). This type of negotiation skill or style approach might be best represented in professional areas such as the stock market where there is a fixed goal in mind or even in a garage sale negotiation where the owner would have a specific value of which he/she would not go below. In contrast, an integrative negotiation approach/style is that of cooperative bargaining, or win-win types ...
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Lewicki, R. J., Saunders, D. M., & Barry, B. (2010). Negotiation: Readings, exercises, and cases. New York: McGraw-Hill Irwin
Lawrence M. Friedman’s Law in America is a fascinating short write up of the history of the American legal system. In Friedman’s book Law in America, he explains three factors/periods that is the history of how our legal system was formed throughout time. The first factor was how the colonial period helped shape the American justice system and hoe they were developed through the legal views of early English settlers. However, our legal system was further molded by our view and experiences following our independence from England and the war. It seems that the laws had many religious beliefs.
Lewicki, R., Saunders, D.M., Barry B., (2010) Negotiation: Readings, Exercises, and Cases. 6th Ed. McGraw-Hill Irwin. New York, NY
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
Negotiation has been used as a vital communication tool not only in business but also in social intercourse. It helps people make common agreement and avoid conflict. So we need to use the tactics which we learned from this course and books to do more practice, only in this way we can gain advantages in negotiation.
With in this courtroom observation paper I will form two articles and classroom knowledge to show the relevance they play within courts today. First, local legal culture, in "court culture" concept is based on dimensions of solidarity and sociability, the intersections of which create four cultures with associated case management types: hierarchical culture (rule-oriented case management); networked culture (judicial consensus); autonomous culture (self-managing); and communal (flexible case management). The second being, court guidelines and the sentencing structure, how’s it work, and why out comes different areas that defer from Kalamazoo and Southwest Michigan as a hole.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Lewicki, R. J., Barry, B., & Saunders, D. M. (2007). Essentials of Negotiation. New York: McGraw-Hill/ Irwin.
Legal realism defines legal rights and duties as whatever the court says they are. Out of all the legal theories we have examined in class, I personally believe that this is the one that best exemplifies the purpose of law and would best suit and benefit society. The Dimensions of Law textbook defines legal realism as “the school of legal philosophy that examines law in a realistic rather than theoretical fashion; the belief that law is determined by what actually happens in court as judges interpret and apply law.”
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
Negotiation approaches are generally described as either distributive or integrative. At the heart of each strategy is a measurement of conflict between each party’s desired outcomes. Consider the following situation. Chris, an entrepreneur, is starting a new business that will occupy most of his free time for the near future. Living in a fancy new development, Chris is concerned that his new business will prevent him from taking care of his lawn, which has strict requirements under neighborhood rules. Not wanted to upset his neighbors, Chris decides to hire Matt to cut his grass.