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Individual Rights and the Constitutional Convention, 2005.
A look at the origins of the philosophy of individual rights.
1,356 words (approx. 5.4 pages), 2 sources, APA, £ 32.95
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Abstract
This paper discusses the concept of individual rights and how this concept extends far back into early English history. The paper points out that, while the individual rights granted under the American Constitution have evolved and changed to include more than the original beliefs about individual rights, the authors of the Constitution were heavily influenced by early English and French philosophers and their ideas about rights and liberties.
From the Paper
"Although many individuals today might like to romanticize the origin of individual rights in America, suggesting that such rights began and ended with the passage of the current version of the United States Constitution that now governs the totality of the American land, the actual history of a private citizen?s individual rights in America and England is far more checkered and complex. America?s founding fathers owe a far greater debt to English and French philosophies of rights and liberties than were acknowledged at the time for the idea that the individual citizen possesses certain inalienable rights that cannot be impinged upon by the state. Also, the Articles of Confederation that were eventually passed contained the seeds of the later document that was to govern the land, even though it was too weak a document to provide the type of unity that the international politics of the time demanded to accord respect to the new American union and nation."
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Individual Rights and Public Protection, 2008.
An analysis of individual rights versus public protection within the Canadian criminal justice system.
2,932 words (approx. 11.7 pages), 2 sources, APA, £ 61.95
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Abstract
This paper discusses the balance between individual rights and public protection within the Canadian criminal justice system. It describes the importance of equilibrium between criminal justice agencies and their ability to apprehend and prosecute offenders as a form of crime control, and the right of citizens to be protected from potential abuses of this power, known as due process. The paper examines this balance and attempts to determine whether the public or the individual is losing out in the Canadian criminal justice system.
Table of Contents:
Introduction
Major Themes Intrinsic to the Balance
Legal Recognition of Individual Rights
The Dangers of Imbuing Police with Too Much Power
In Favor of Individual Liberty and Accountability?
Conclusion
From the Paper
"Without a doubt, the criminal justice system is not a perfect one. Infringements of individual rights often occur at the expense of concern for public safety. Actions that compromise individual often come from the police, who act on behalf of the Criminal Code and related charters. When one points to illegal actions of the police on behalf of justice enforcement, one must also remember that police are accountable for their actions, just like every other individual in society. It appears moreover that such monitoring is on the increase: for example, "accountability of systems of correction is an emerging trend" (ibid, p. 381) and some may say that increased accountability of the police is a defining criminal justice trend (Griffiths, "Introduction to the Criminal Justice System", Unit 4). This is evidence of the fact that the justice system, although imperfect, strives to imbue the police with the right amount of control and power so that the justice of both individuals and the public are simultaneously upheld."
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Individual Vs. Collective Rights, 2008.
This paper discusses the rights of the individual in light of the rights of the collective community.
851 words (approx. 3.4 pages), 3 sources, APA, £ 21.95
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Abstract
The paper argues that the rights of the individual are most likely to deteriorate in societies that are plagued by excessively high birthrates and by high population density. The paper explains the utilitarian reasoning behind this principle as well as the simple fact that something of which there is a lot is going to be of lesser per capita value than something of which there is very little. The paper shows how over-population logically brings about a diminution in individual rights.
From the Paper
"It is sometimes asserted that the rights of the "common" - the community or the collective - will eventually impinge upon the right of the individual as the population in already-overcrowded nations and globally continues to spiral upward. This sort of statement can be interpreted in many ways and undoubtedly will be interpreted in many ways by people coming from different socio-economic and socio-political backgrounds. Be that as it may, this writer chooses to interpret the initial sentence in this paragraph as follows: as populations grow more massive, the competition for finite resources among individuals becomes more intense."
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Individual Rights, 2005.
A review into the works of John Stuart Mill and James Madison to help explain the various philosophical approaches to individual rights.
1,800 words (approx. 7.2 pages), 4 sources, £ 50.95
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Abstract
This paper discusses the various philosophical approaches to individual rights and the role of the state as a guarantor of those rights. Particularly the paper utilizes the perspectives of John Stuart Mill and James Madison to provide greater insight into the character of individual freedoms related to liberty and happiness as well as political constructs intended to protect them.
From the Paper
"John Stuart Mill and James Madison a. Mill's approach to liberty and its constraints, either real or artificial, in "On Liberty" informs the reader that he is only in the formative stages of his examination on the ultimate character of liberty as a social and moral construct vis-?vis the individual. In other words, while many readers and philosophical inquisitors have concluded that much of Mill's construct in "On Liberty" remain beyond the ken of the average individual and thus insoluble to a degree, Mill does offer the reviewer some definitive insight into what he is hoping to accomplish through the production of this text: ...the practical question, where to place the limit -- how to make the fitting adjustment between individual independence and social control -- is a subject on which nearly everything remains to be done..."
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The History of Individual Rights, 2006.
A historical look at individual rights starting with the Charter of Liberties enacted under King Henry I of England.
1,350 words (approx. 5.4 pages), 4 sources, £ 37.95
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Abstract
This paper discusses individual rights in England and America before the Constitutional Convention. The paper begins by discussing the Charter of Liberties, enacted into English law in 1100 under King Henry I. The paper explains that the charter specifically addressed the king's treatment of church officials and was intended to ensure their freedoms in the country. The charter attempted to address the known abuses that that former kings had levied against those representing the church, and it restricted the king's power by law. The paper also explains that the Charter of Liberties was considered the framework for the Magna Carta and that it was agreed to by Henry I.
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Individual Rights vs. Social Responsibility, 2002.
A study of the rights of the individual in American society and how they reflect on the issue of social responsibility.
1,427 words (approx. 5.7 pages), 4 sources, MLA, £ 33.95
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Abstract
This paper questions how much social responsibility the American individual should have. It shows that the past 250 years have provided Americans with the idea that their individual wants and desires supersede any social need. As the nation faces new troubles, such as terrorism attacks, a slumping economy and other problems, it is becoming important to blend the individual rights with a duty to recognize and act on social responsibility. The paper concludes that if Americans do not begin to spend more time on social responsibility the nation faces the possibility of having to fight for individuals rights.
From the Paper
"This is the importance of human individual rights. The right to live peacefully and to pursue happiness is given to each and every person who resides within the boundaries of America. This right is so protected that the Supreme Court is charged with the decision in each case to know if the rights of an individual have been violated or not. If a federal or state government body tries to enact a law that infringes on individual rights the Supreme Court will intervene and stop the law. This is what the nation has been built on and it is what is upheld at the cost and exclusion of all else."
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Public Order Vs. Individual Rights, 2003.
An attempt to balance the rights of individuals against the needs of society.
1,840 words (approx. 7.4 pages), 6 sources, APA, £ 44.95
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Abstract
This paper discusses individual rights versus public order and argues that public order takes precedence over individual rights. The paper assesses the duties of both citizens and of government and then details various situations in which there are tensions and conflict between the two.
From the Paper
"In this report, the notion of individual rights and public order are examined and an argument advanced in favor of the primacy of public order over the rights of the individual. Generally, as Levinson has commented, in..."
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Public Order vs. Individual Rights, 2005.
A look at the role of the criminal justice system in maintaining public order.
1,251 words (approx. 5.0 pages), 4 sources, MLA, £ 29.95
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Abstract
This paper acknowledges that public order versus individual rights is not a new controversy and how, since time immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. It looks at how this controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and how, in addition to these rights secured by America's forefathers, a number of organizations have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, this paper contends that the criminal justice system should focus on dealing with public order.
From the Paper
"Private and autonomous liberty and collective authority are naturally diametrically opposed. As such, it's helpful to first have an understanding of what individual rights are. Individual rights is a multipurpose legal term that refers to what an individual is allowed to do and what can legally be done to them. It is the concept of individual rights that is the central theme in the 'due process model' of criminal justice. "The idea of individual rights is closely related to the idea of individual capital in some theories of political economy, in which the individual enhances his or her own creative capacities (as opposed to measurable productive capacities, which is usually called the theory of human capital), and must remain free to do so in any way she or he sees fit" ("Individual rights", 2004)."
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Individual Rights vs. Public Order, 2004.
An examination of the conflict between an individual?s right to privacy and the public?s need for safety in the context of sex-offender notification rules.
2,037 words (approx. 8.1 pages), 6 sources, MLA, £ 45.95
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Abstract
This paper examines how the United States is a country that prides itself on the level of freedom afforded to its citizens and how freedom and the rights of the individual are two concepts that helped shape the very backbone of the country. It also discusses how the concept of public order provides a framework by which most citizens can operate. In particular, it looks at what happens when there is a clash between individual rights and public order in the context of sex-offender notification rules. It concludes that the safety of the community should and must take precedence over the sex offender?s individual right to privacy.
From the Paper
"Many cities have sex-offender notification laws on the books. These laws mandate that a convicted sex offender must notify the local police in the community in which he (most sex offenders are male; in fact the Department of Justice [1996] has determined that all but 3 percent of offenders who commit violent crimes against children are male) decides to live upon being released from prison. He is required to provide to the police information such as his place of residence, his place of employment, if he moves and where he is moving to, and other basic information. The police then make this information available to the community in some form, whether it be through a Web site, mailings, announcements in the newspapers, announcements at neighborhood meetings, and so on."
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Irish and American Individual Rights, 2005.
Examines some of the protections of individual liberties in Ireland and the United States.
1,014 words (approx. 4.1 pages), 4 sources, APA, £ 24.95
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Abstract
This paper compares and contrasts selections on individual rights relating to the family, private property, and religion from the Irish Constitution and considers the question of whether the Constitution of Ireland or that of the United States does a better job in protecting the rights of individuals.
From the Paper
"Article 41 of the Irish Constitution considers issues relating to the family. This, in and of itself, is remarkable as there is no comparable clause in the U.S. Constitution. Ireland goes so far as to recognize "the Family as the natural, primary and fundamental unit group of society . . . possessing inalienable and imprescriptible rights, antecedent and superior to all positive law." Furthermore, the Irish Constitution extends special protections to women, in particular, women who are with child to insure that they are properly cared for. Although the U.S. Constitution certainly grants some protection to women, it is rather vague and subject to great interpretation. The wording of the Irish Constitution leaves little room for doubt as to the rights of women."
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?Individuals and Their Rights?, 2004.
Analyzes the book on libertarianism by Tibor R. Machan.
1,590 words (approx. 6.4 pages), 1 source, MLA, £ 36.95
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Abstract
Tibor Machan's "Individuals and Their Rights" was written as a comprehensive moral defense of the sometimes controversial tenets of libertarianism. The paper analyzes and reviews the text. It also discusses Machan?s main idea that libertarians are opposed to politically designed, mechanical solutions to human problems and that they resent having politically imposed solutions shoved down their throats, so to speak.
From the Paper
"One can, without expressing a personal reaction ? or a value judgment ? to his writing, quite easily conclude that for the author, the concept of morality and the right to own and protect one?s private property are closely aligned. Again, this thread is found throughout his book ? connecting property rights and natural rights with morality ? and it clearly is a literary effort to lift the discussion beyond mere political thinking and into a more theoretical discussion of values."
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The Privacy Rights of Individuals, 2005.
This paper discusses court cases, which deal with the privacy rights of individuals in the areas of homosexuality, drug testing, birth control and the right to die.
1,270 words (approx. 5.1 pages), 13 sources, APA, £ 30.95
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Abstract
This paper explains that, although everyone agrees that privacy rights of individuals should be protected by governmental laws, the extent of one's right to privacy has often been a matter of vast disagreement in the court system of the United States. The author points out that an individual's right to sexual privacy, including homosexuality, is an issue that has been brought before the courts repeatedly; "Bowers v. Hardwick" is a landmark case fought in 1986, which tested these boundaries. The paper relates that the United States Supreme Court has established that, to some extent, an individual does have a limited right to die: by citing "Griswold v. Connecticut" and even "Roe v. Wade", the court stated that, if the right to privacy is broad enough to include a woman's decision to terminate her pregnancy, it also provides a basis for the right to die.
From the Paper
"Drug testing is another issue that has been fiercely debated in the courts. With the increase of illegal drug use across the United States, many institutions have tried to institute a policy of random testing in order to combat the problem. Opponents of this policy claim that these random drug tests are an invasion of privacy rights and violate the Fourth Amendment, which protects against unreasonable searches. A group of parents challenged the Oklahoma school district's policy of random drug testing in front of the Supreme Court. The school district established a policy of random urine tests for students who want to join the marching band, academic team or any competitive extracurricular activity. In previous cases, the court had ruled that general urine testing required a warrant or some evidence of drug use. However, in a school setting, there is a lower expectation to privacy and in Vernonia School District 47J v. Acton in 1995, the Supreme Court ruled that drug testing for student athletes did not violate their privacy rights, since these students were the most at risk and could choose whether or not to participate in sporting activities."
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Civil Society and the Rights of Individuals, 2001.
This paper is a detailed look at the political and social philosophies of Rousseau and Edmund Burke.
2,885 words (approx. 11.5 pages), 2 sources, MLA, £ 60.95
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Abstract
This paper discusses the views of political philosophers Jean-Jacques Rousseau and Edmund Burke. The author explores their beliefs regarding government in society and their views on the nature of man and his relationship with religion, politics, social regimes and civil society. The paper shows how the philosophers' beliefs contrast with each other.
From the Paper
"Unlike Burke, Rousseau did not come from a political background. He saw himself as unique with a valuable contribution to make to modern thought and society. He was not a member of the cliques that dominated eighteenth century European society and he made his home traveling from one society to another. He believed himself to be fully conscious at a very young age and took advantage of this state by writing about his beliefs at a young age. His political beliefs stemmed from the romantic enlightenment strand of thought. This foundation was the basis for his beliefs on civil society. Rousseau believed that all rights are conventional. Life, liberty, and the pursuit of happiness and those basic rights of man are the result of an agreement or social contract between man and government. These rights therefore depend on the will of government."
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Gay Rights and Civil Rights, 2007.
This paper compares and contrasts gay rights with civil rights.
880 words (approx. 3.5 pages), 1 source, MLA, £ 22.95
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Abstract
In this article, the writer discusses whether homosexuals should receive rights guaranteed in the Bill of Rights. The writer questions whether gays should receive rights compared to civil rights. The writer argues that while it is true that gays and minorities are often mistreated, the difference is in the ability to make a decision. The writer maintains that gay rights are different than civil rights because homosexuals make the decision to be gays and even the Bible shows that it is wrong, but African-Americans are born "black" and the Bill of Rights guarantee rights to "all men". The writer then points out that the Civil Rights Act was passed to guarantee that all African-Americans be treated equally with other Americans. The writer argues that comparing gay rights with civil rights shows that gays make a decision to date or love another person of the same sex, while African-Americans are born with their skin color and they should be given the same rights as any American.
From the Paper
"Before determining whether gays should have rights it is important to look at the definition of homosexuals. The definition of homosexuals will show that it is defined as a sexual orientation with romantic love and sexual desire of the same sex or gender. When a person falls in love with another person, a decision must be made to love the person. Homosexuality is a decision. The gay person decides to fall in love with another person of his or her same gender. This is the same as if a person decides to never date a person or if a person decides to fall in love with another person of a difference sex. Since it is a decision, people should not receive certain rights because they make a decision. Many homosexuals and minorities are rejected jobs and other freedoms so many people believe they should have rights as guaranteed by the Bill of Rights. However, it is important to remember that homosexuals decide whether they want to have a love life with a member of the same sex."
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