Civil Procedure analysis Essay Example | Topics and Well Written Essays - 500 words

Civil Procedure analysis - Essay Example Then the judge playing the role of an umpire listens to both the parties, and gives a fair verdict. This is contrary to the inquisitorial model of dispute resolution and in this case the judge does not ask independent questions (Langbein, 1985). It is up to both the parties to prosecute their complaints and fortifications. There have been some changes in the procedural rules that tend to weaken the judicial evaluation of the qualities of lawsuits. These procedures are used by the attorneys and changed according to what benefits their clients (Molot, 1998). This makes the lawyers a very essential part of the legal system whose responsibility is to make sure that justice is achieved. The civil procedure in the United States is influenced by the positive law however the essential rules of decision taught during the first year in law school are centered more on the common law. The basic difference between the two is in the materials that contain the legal rules. This makes it difficult for a first year student to outrank the common law to the comparatively simpler positive law. The â€Å"knowledge of the statutory law† is considered to be highly important information by those lawyers who are practicing, a little more than the â€Å"knowledge of procedural rules (Blaird, 1978) The civil procedure should have some essential traits, the justice must be provided in less time However, the way that disputes are resolved in the United States does not fulfill the purpose of ‘speedy and inexpensive’ with the number of lawyers involved and a national trend of judicial resolution of things which other societies resolve using political and administrative ways. (Gary, 1997) The outer limits of the civil procedure are defined by the constitutional law. The constitution limits the subject matter of federal court cases, governs the effect that courts of one state must give to the judgments of the other and

The Power of Ideas Essay Example | Topics and Well Written Essays - 750 words

The Power of Ideas - Essay Example This resulted in Hegel's theories, as well as the deeper focus on existentialism and phenomenology. Hegel's idealism, also known as Absolute Idealism, has severely affected society at large. The primary reason for this is because Hegel's work developed the framework for both Marxism and Darwin's Evolutionary Theory. Hegel's notions start with the idea that knowledge does not have the ability to explain itself; therefore human beings must trust their senses to understand knowledge. The mind also comes into play here, because the mind processes all senses, and thus becomes the primary focus of knowledge. Hegel believed that humans must contradict themselves in order to form a new way of thinking. To further explain this, Hegel burrowed the idea of the Absolute Ego from Fichte and renamed it the Absolute Spirit; to Hegel this meant that the earth cannot be measured based on personality. Hegel heavily believed in Pantheism and attributed this to the absolute spirit; basically, Hegel believed that God was in everything. This belief is a reflection of a Romantic view, and was a movement in the 19th century in direct result of the Industrial Revolution occurring in Europe (Hegel 1991). ... First, existentialist ideas will be discussed. Many of these themes were introduced by Arthur Schopenhauer, Soren Kierkegaard, and Friedrich Nietzsche. Existentialism believed that philosophy focuses on the individual, and that individual's interactions with the world. For example, Nietzche, a Continental philosopher, did not agree with Hegel's concept of idealism. Nietzche firmly felt the world is controlled by will-to-power. Furthermore, Nietzche also disagreed with Hegel on the concept of absolute truth; Nietzche did not believe in an absolute truth, he felt that everything was open to one's own interpretation. This is far different from Hegel's notion that the individual must look inward, to the self. Another concept promoted by existentialism that conflicts with Hegel's notions is the existentialist idea that the world itself is an absurd place, and there is no description for why the world acts in this way. Furthermore, existentialists believe that this inability for humans to understand why the world is chaotic causes self doubt, and therefore individuals have to decide how to live and progress in this type of chaotic world. Hegel, being a pantheist, would have seen some order in the world, as reflected in the idea that God is in everything. He would not have agreed with the concepts of a chaotic world causing self doubt. Hegel did not accept the existentialist concept of the "thing-in-itself." He believed that reality was a reflection of thought and rational. Thus, reality was not a collection of separate specifics; instead, it functioned like an articulate system of thinking, like mathematics; forming one large whole which pieces are all connected. Where Hegel was abstract to