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International Rule Of Law In The 19th Century

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Dating back to the ancient civilization, in ancient Mesopotamia, India, Greece, Rome, and China various concepts and ideas of the rule of law began to evolve. For ancient Greece, one of the great philosophers, Plato believed the idea of governing a nation should be ruled by the best man, but the idea itself came to fade away. During the 16th century, in Britain, Samuel Rutherford started an outstanding legal system, the rule of law, defined as the principle in which people (government or citizens) and institutions are accountable to follow and obey the law. It was further popularized by A.N.Dicey in the 19th century. Which the rule of law gave equal human rights, prompted security later, externalized to the international level where nowadays …show more content…

Nowadays the world has been institutionalized by an Inter-governmental organization such as the UN in order to maintain the international rule of law. Through rule of law and human rights assistance, UNDP (a branch of the UN) contributes to building peace and democratic governance across the full range of development contexts. UNDP also facilitates broader UN rule of law efforts in crisis and conflict-affected settings through the work of the Global Focal Point for Police, Justice and …show more content…

Due to the lack of compulsory authority of the international court of justice has led to unfairness and inequalities due to Security Council which composes of powerful states like USA, Russia, China, France and the United Kingdom. The UN charter does not express and authorize the international court of justice (which is an organ of the UN) to examine and investigate the security council members in terms of committing atrocities such as breaking the international law system or committing crimes against humanity. The existence of powerful countries (both economy and military) having immunity may weaken the rule of law at the international level. However, for the case of the UN, the winners of World War II might have exploited their power and gained immunity which to misuse of power. Even so, the world has been more peaceful and discipline when compared to the situation after World War

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Then the 17th century American colonies put an emphasis on preserving legal order. That being said, the government has always been under pressure to regard given law, and the law has been perceived as a manifestation of accurately functioning legal

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New Imperialism describes a practice set in motion by the major western powers during the late 19th and early 20th centuries. The “New Imperialism” surge that took place in the 1870’s and on through 1905 had come about suddenly due to various factors including many economic, political, and social forces. The European powers, the United States, and the Empire of Japan had somewhat similar circumstances taking place in their own countries, therefore they all had similar reasons to take part in the practice. One major reason for the surge in new imperialism was the economy. This time period was not long after a agricultural revolution, and soon after an industrial revolution.

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In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.

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Established in 1945 after the World War II, United Nations Security Council is the most powerful organ among the six organs in United Nations with the authorized power to issue legally binding resolutions. This council consists of 15 members, 5 Permanent Members – the United States, the United Kingdom, France, Russia and China – and 10 Non-Permanent Members voted by the UNGA for 2 years term. According to the charter, the responsibility of UNSC is to maintain international peace and security. It determines the threat to peace and act of aggressor; moreover, it investigates any disputes between the UN Member states. The United Nations Security Council also has the military force to prevent or stop the aggressor.

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Extraterritorial criminal jurisdiction can in many circumstances be a useful and legitimate response to transnational crime. Criminal activity is not always confined to territorial boarders, and so the law may seek to follow the crime to prevent an offender from enjoying impunity. A number of states have included in their criminal legislature provisions allowing for the investigation and prosecution of international crimes, even when such crime is committed outside their national territory and whether or not the perpetrators or the victims are nationals of the state concerned”. The importance of extraterritorial jurisdiction was also seen in the Advisory Opinion of 11 April 1949 – Reparations for injuries suffered in the service of the United Nations. Personnel of the UN were targeted in Palestine which culminated in the assassination of

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Many countries and areas went into utter and total chaos due to realizing that they did not have the same rights or equal rights like the next person. Before the french revolution people just did what they were supposed to for hundred of years, it was until they realized that Hey! maybe I don't want to blindly follow this guy that is wearing the crown or that Hey! he shouldn't be allowed to do that. Rule of law exists because its meant for us to have a connection (maybe not a strong one like culture or interests) but a connection never the less.

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The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they

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This state of nature was the conditions in which we lived before there were any political governments to rule over us and it described what societies would be like if we had no government at all. In this essay I will compare the opinions given by each philosopher regarding their understanding of the state and the law. I will also discuss how their theories have influenced our understanding of the law today. Thomas Hobbes – Regarding the State and Law Firstly I would like to begin my discussion with Thomas Hobbes.

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Are we obligated to obey unjust laws? Laws are important because they are guidelines for a state. Without laws citizens would not know how to act and cause harm to others. Laws are aimed at common good and keep a society together and functioning.

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and it can only be find through human reasoning alone. There are many philosophers who followed this theory like Plato, Aristotle and john Locke. Plato’s theory: Plato states that nature is inherently good so all laws should belong to the natural laws. Most basic law is doing well and avoid evil.

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The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".

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Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.

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