, Research Paper
Fundamental Factors
To criminilize something, that is to say make it illegal, requires months sometimes, even years of thought. When the lengthy process is underway, the creators of the law must ask themselves two important questions: “Does the action that will be made illegal violate fundamental social values?” and “Is making this action illegal the best way to protect social values?” If the answer in both these cases is a ‘yes’ then the law should be created. If they are not, then the law should be considered further.
The first factor, seemingly obvious should is critically important in the creation of a law. This is where one asks oneself if the law is actually protects society or if it is just another law that will simply get in the way of people’s right to choose their own actions. For instance, if an anti-smoking law were in the midst of being created, the law would effectively make smoking anywhere, even in the privacy of one’s own home, illegal. After thinking of the law, we must now ask the question “Will making smoking illegal protect society and is smoking really against our social values?” The answer depends on who you ask, but for the majority people will agree that smoking is a disgusting habit that kills thousands of Canadians, even those who do not smoke. Second hand smoke caused approximately one tenth of deaths from lung cancer and other related illnesses. Effectively, since the “innocent” are dying from this habit, the answer to the question obvious: “Yes, smoking does violate fundamental social values and should be made illegal.”
The second factor that needs to be considered is not quite as obvious as the first but equally as important. This is the place where one should ask oneself if creating this law is the only way to stop people from continuing with behavior that has already been declared as a ‘violation of fundamental values’. In the case of the smoking law, we must consider if making the action illegal will effectively cause more problems than it solved. In this case it would because several people are addicted to nicotine and simply banning smoking without any kind of warning would be a violation of their rights as free citizens. The answer to this question is as follows: “No, making smoking illegal right away is not the best way to enforce social values because it will simply violate others.” Since this law cannot be created, alternative methods to enforce this value should be considered. For example educating people of the dangers of smoking or positioning tougher and tougher laws on tabaco companies and cigarette consumers until the problem is eventually extinct and therefore not causing one big step that would cause smokers to become angry.
In the above example, it has been proven that an anti-smoking law cannot be created because it does not fulfill the second fundamental social value. It is easy to see why laws take such a lengthy amount of time to pass.
“Explain in your own words the two factors to consider in deciding whether or not to criminalize something”
Другие работы по теме:
Civil Liberties Essay Research Paper Civil LibertiesThe
Civil Liberties Essay, Research Paper Civil Liberties The term civil liberties refers to the “freedoms that individuals enjoy and that governments cannot invade”. These rights include a persons freedom of speech and religion.
World Court Essay Research Paper World CourtThe
World Court Essay, Research Paper World Court The World Court has developed as an arena where states can solve legal disagreements between each other. The development of international law gave need to such a venue and therefore the United Nations facilitated to this need by creating the World Court. The World Court hears grievances between states only; no outside parties may be represented within this justice system, such as individuals or corporations.
Love Through The Eyes Of A Child
Essay, Research Paper Love through the Eyes of a Child A child s view of love is different than that of an adult. Children are concrete, simplistic, and intense in their love of the people and possessions in their lives. Examples of a child s love are easily seen through observation of their actions and expressions.
Simon Birch Essay Research Paper The overall
Simon Birch Essay, Research Paper The overall effectiveness of the film Simon Birch is enhanced by technical details such as, sound, lighting, colour and symbolic representation. Sound is an effective means of creating atmosphere and hence creating audience appeal. Similarly, lighting also brings emotion and mood to a film.
Cumulus Humilis Clouds Essay Research Paper The
Cumulus Humilis Clouds Essay, Research Paper The Development and Evolution of Cumulus Humilis Clouds In order for clouds to form, a few factors are crucial to begin their formation. Clouds, since they are primarily water-based with small amounts of other materials (hygroscopic condensation nuclei), need a ready source of water so evaporation can move the water from a lake or the like, into the atmosphere.
Imperalism Essay Research Paper Between 1890 and
Imperalism Essay, Research Paper Between 1890 and 1913, the United States worked under a thing called imperialism. Under imperialism, stronger nations attempt to create empires by dominating weaker nations—economically, politically, culturally, or military. The reason why this imperialism grew was because of economic factors, nationalist factors, military factors, and humanist factors.
Supreme Court Gideon Vs Wainwright Verdict Essay
, Research Paper Supreme Court Gideon vs. Wainwright- Verdict In the Supreme Court case of Gideon v. Wainwright, the ruling is obviously in favor of Mr. Gideon. His rights of the accused were evidently violated. His rights to a fair trial as well as the right to counsel were severely abridged, and his liberties guaranteed by the Constitution were defied in the name of the state of Florida and its refusing to pay for proper counsel.
Edgar Allen Poe And O Henry As
Told By Poe And Exjambaum) Essay, Research Paper In both of the articles, each author is trying to share his view, or theory on the short story. The view of Edgar Allen Poe is very pessimistic toward the novel and other forms of long fiction, while B.M. Ejxenbaum takes a more analytic approach.
The Lady Of The Lake By Sir
Walter Scott (1771 – 1832) Essay, Research Paper This absorbing tale, opening with an account of a stag hunt in the Highlands, is typical of Scott. He invented the historical
12 Angry Men Essay Research Paper English12
12 Angry Men Essay, Research Paper English: 12 angery men essay 2000-07-15 12 Angry Men Paper The jury member I chose to do my paper on was Mr. Davis (the member who voted not guilty first), because he used many task messages, did not allow physical factors to affect his decisions, and was a successful emergent leader at some points in the case.These three points made Mr.
FACTORS AFFECTING THE LOCATION OF A BUSINESS
Essay, Research Paper There are many factors to consider when locating a new business which all play an important part in successful sale of a product. For some firms only a few factors will be important. Other firms may need to consider and balance a complex mixture of location factors. One important factor to consider is the infrastructure of business site: 1) The business needs very good transport systems for the site the most common are (road, rail, river, canal, ports)
Intelligence Essay Research Paper Intelligence hereditary
Intelligence Essay, Research Paper Intelligence: hereditary or acquired? Is intelligence determined primary by heredity or by the environment? This issue has aroused intense debates because many believe it has a little bit of both, but to what extent? The ones that believe that believe that every person is born with a fixed amount of intelligence argue that there is little one can do to improve intelligence, so special education programs should not be expected to produce an increase in the children?s IQ.
Organized Crime Essay Research Paper What underlying
Organized Crime Essay, Research Paper What underlying factors lead to the prevalence of organized crime? Organized crime by definition means crime that is committed by a number of people that are organized in a series of networks. These crimes that are committed are often well planned out and involve a number of people all working together under one, or sometimes a few, men in power and leaders of the group.
Macbeth Downfall Essay Research Paper In Macbeth
Macbeth Downfall Essay, Research Paper In Macbeth there were a few factors that contributed to the degeneration of the Macbeth character. There were three factors that destroyed Macbeth. The main
Teen Smoking Essay Research Paper There are
Teen Smoking Essay, Research Paper There are many factors that author use in each of their stories to help the reader imagine what the setting look likes. In Pat Conroy, the author describes how the air smells and what the land looks like at different times of the year. This is some of the things that he gives you to help image the setting of the story.
Teamwork In Business Essay Research Paper In
Teamwork In Business Essay, Research Paper In any large business organisation, teamwork is the ultimate key to the organistions success The issue of teamwork in successful business organisations is a complex one. There are many factors that influence success in business. Teamwork is an important and necessary factor but, not the only one.
Conflict Management Essay Research Paper In the
Conflict Management Essay, Research Paper In the dictionary conflict is defined as a struggle, a battle, even mutual antagonism. Some people seem to thrive on creating conflict while others do their best to avoid conflict.
Fundamental Orders Of Connecticut
– First Constitutiuon Essay, Research Paper Fundamental Orders of Connecticut (1639) Direct Democracy. . .A New Beginning In search of more fertile land and greater political and religious
Fundamental Orders Of Connecticut Essay Research Paper
Fundamental Orders of Connecticut The British North American colonies were on the cutting edge of governmental systems in their time. They developed confederations and other styles of ruling that greatly differed from the
Human Migration Factors Essay Research Paper Human
Human Migration Factors Essay, Research Paper Human Migration Factors Migration, the movement of people from one place, origin or country to another1. For as long as man can remember migration has been a big part in our
Factors Of Development For Relationships Essay Research
Paper Factors of Development for Relationships Relationships are a very important part of life. They tend to bring our lives happiness. In my opinion communication with a person, and honesty with a person are the main factors that play the strongest roles in developing good relationships.
Mythology And Policy Essay Research Paper Mythology
Mythology And Policy Essay, Research Paper Mythology and policy has been a part of human culture for as long as there has been civilization . Day provides us with a history of the beginnings of social welfare. She speaks how social policy as well as social welfare has effected individuals, families, and the larger society of today.
A Report On Cloning (A Little Biased)
) Essay, Research Paper Cloning is a new technology that humans have just acquired. Before, cloning was something that you could read about in a science-fiction book for a buck. Now, we have seen proof of cloning with the sheeps called Dolly. The big question is if we should clone humans. There are only two ways this could be possible. ?The first way involves splitting an embryo into several halves and creating many new individuals from that embryo.
Factors In The Rise Of Hitler Essay
, Research Paper The rise of Adolph Hitler contained many key factors that allowed him to become the powerful dictator of Germany that we remember him as today. These factors range from the mindsets of the people around him to the economical factors of the day. Without each of these important conditions, Hitler’s rise to power might have been a much slower, or for that matter, inexistent, process.
Bodybuilding Essay Research Paper
——————————————————————————– Prepare to make incredible gains! ——————————————————————————– History and Background Info by C2C Jason Bennett, CS-28
Fdr Essay Research Paper Erik Fries 102799US
Fdr Essay, Research Paper Erik Fries 10-27-99 U.S. History III FDR essay I feel that FDR did meet the goals that he set up in his inaugural address. By creating new acts he established new jobs for people who have been jobless up until that point. This was very important because without a job people can’t earn money, and they also tend to be more depressed.
Rise Of Sociology Essay Research Paper The
Rise Of Sociology Essay, Research Paper The Rise of Sociology The field of sociology evolved as a response to the impact of profound social and political fragmentation experienced in the West. A fundamental shift in both social and intellectual patterns created by the economic evolution of the eighteenth century led to great concern among scholars of the period.
Kant
’s Fundamental Principles Of The Metaphysics Of Moral Essay, Research Paper Kant’s Fundamental Principles of the Metaphysics of Moral The central concept of Kant’s Fundamental Principles of the Metaphysics of