Category: Civil Law

Gender equity has been a challenge to implement in every sector of the economy. Despite the efforts that have been put in place to ensure that gender equity is achieved, men find great favors than women in very many areas. Sports sector is one of the areas where gender equity has not been attained.

It should be noted that women sports activities are not taken seriously in many countries of the world. Much emphasis is placed on men sports activities given the fact that sports is seen as a masculine activity which women cannot be able to favorably engage in. Male sports activities are well funded, have adequate facilities and are properly advertised than female sports.

The enactment of Title IX law was seen as a great step towards achievement of gender equity in several areas including sports. Nevertheless, a lot still needs to be done in order to have fairness. The challenges that face implementation of the law should be dealt with.

Title IX is a federal law in the United States of America which was enacted in 1972. The law illegalizes discrimination of people on the basis of sex in any educational program that is supported by the federal government. The law was enacted to ensure that female students have equal opportunities in sports just as their male counterparts.

It is important to note that women are not only disadvantaged in terms of sports participation, but also in administration due to lack of opportunities to train for these careers (Gavora, 2002). It is very unfortunate to note that 40 years since the enactment of Title IX, women are still discriminated against in sports related activities.

Among the factors that hinder successful implementation of Title IX is prejudice and stereotypes that have been associated with female sports. Women are made to think that sports especially athletics is a masculine activity. Consequently, women who are engaged in sports activities are said to be unattractive thus they cannot get married.

Moreover, there has been a misconception spread by various people that women who participate in various sports have reduced chances of giving birth. In this regard, women themselves become a stumbling block in the implementation of Title IX.

Another factor that hinders implementation of Title IX is lack of sponsors for women sports. While male athletes easily get sponsors, women find it very difficult to get sponsors. This is due to the fact that it has been assumed that men athletes easily win and they are well rewarded.

As a result, women teams lack the necessary resources to facilitate their participation. On the same note, women do not have training facilities that can enable them to train effectively. Moreover, many women are not willing to be involved in physical activities (Rosner & Shropshire, 2011). In this regard, it becomes very tricky for coaches to get women that are physically fit to be trained as athletes.

Therefore, even if educators would want to be fair to women, it becomes difficult because women are not ready. On the same note, women will want to have fellow women as their coaches. This will enable them to have freedom of expression during training sessions thus enhancing their confidence. Unfortunately, there are very few women coaches in sports. In this regard, though women are not prevented from participating in athletics, they find it difficult to join and get trained by men who will not understand them.

Fairness has been a nightmare in sports. Male dominate every section of sports. They form majority of participants, coaches and even administrators. It is important to note that there have been increased efforts not only from women activists, but also from other social organizations to ensure that fairness in sports is achieved. Unfortunately, this has not been met due to various factors.

To begin with, there has been masculine supremacy in the sports field with men dominating almost every section. In this regard, the need to maintain status quo has kept women out of question whenever selection is done.

On the same note, people have a tendency of using connections to get into positions of leadership in most sectors of the economy (Northouse, 2009). In the sports field also, people favor those who are close to them or those with whom they have something in common. Women lack the essential connections that will enable them get selected to participate or even climb the ladder to administrative positions.

Moreover, horizontal segregation is quite common in the sports field. People still have the perception that women cannot properly run sports departments. Consequently, women have been segregated when it comes to hiring or even selection of participants in sports sector (Rosner & Shropshire, 2011).

Men choose other men and train them thus limiting the opportunities available for women. Furthermore, sports sector is viewed to be a demanding masculine field which requires somebody who has enough time to train. Unfortunately, society takes women to be people who should take care of children and thus do not have enough time for physically demanding activities.

Lack of women sport administrators has also hindered achievement of fairness. Women are given few opportunities as management interns in sports compared to men. As a result, women always lack the experience that is required for administrative posts. The hiring process is also biased in favor of men thus limiting chances of women advancing. Unlike men, women lack the necessary motivation and support whenever they decide to join sports.

Due to lack of opportunities to be trained, women lack the necessary training required to join administrative positions in sports. It should be noted that it is not only women who face challenges in their endeavors to be sports administrators. The problem of getting opportunity to join management internship is common to men and women alike.

On the same note, the problem of connections is rampant and it makes many people to miss vital opportunities (Moran, 2004). Similarly, it is difficult to get the necessary mentorship which is crucial in motivating people. Since many administrators are men, male participants are favored.

Culture is another factor that causes unfairness in the sports field. Though people will argue that culture is not very influential in the United States, it should be noted that U.S. is a country with people from diverse cultural backgrounds. Consequently, culture cannot be left out of any discussion. Group work is very vital in sports and implementation of decisions involves consensus and commitment from group members.

Participation of team members in day to day activities is crucial for success. Unfortunately, this attributes are not of much importance in some cultures. Women are regarded lowly and men do not respect their opinion. In this regard, women are not given opportunities to compete on the same level as men or even access management positions.

It is important to note that discipline and time management are crucial in sports (Gavora, 2002). However, some cultures take women to be very poor managers of time. This reduces the probability of men being willing to cooperate with women in sports. This poses a big challenge to sport administrators.

Achievement of gender equality in sports is therefore an issue that requires addressing. Women also need resources and the support that is accorded to men in various sports activities. Women need to train just as men in order to effectively compete in various competitions. On the same note, in order to enhance quality of women sports, facilities used should be advanced. Nevertheless, some people argue that focusing on increasing resources of women will jeopardize men opportunities.

It is crucial to point out that this is a wrong notion. To begin with, providing women with pitches to train will not interfere with opportunities available for men. Women can easily use the same facilities with men in training with some few adjustments like changing rooms. When the number of men using the same facility increases, nobodys opportunity is hindered. Consequently, opportunities of men cannot be hindered if women join men in using the same facilities (Rosner & Shropshire, 2011).

On the same note, women need their benefits for participating in various sports activities to be increased. Conspicuously, benefits that women receive are far much lower than those paid to their male counterparts. If federal money allocated to female sports is increased, then benefits paid to women can be increased.

It is quite crucial to note that this will in no way reduce the amount of benefits paid to men. Women can also be motivated to join not only athletics, but also other sports activities. Motivation can be achieved through mentorship, having more women to be administrators of women sports as well as giving women necessary support.

People should also be encouraged to increase their enthusiasm in women sports. If women get more people cheering their sports, they will be psychologically and emotionally persuaded to join different sports activities. Once again, it should be noted that this will in no way interfere with the opportunities of men to advance their talents (Northouse, 2009).

In administration of Title IX, people should ensure that equity is maintained. The law was meant to maintain equity and not to favor anybody in any way. Therefore, if I was in a position where I am required to administer the law, providing equal opportunities would be my main aim.

Women need to participate in various sports just as men. The idea that there are some sports which are masculine is misplaced and should not be allowed. Female gymnasiums should be well equipped just as those of men. This will ensure that female students get enough training that will increase their confidence when they are participating in different sports activities.

Another important thing regarding the implementation of Title IX is ensuring that female sports receive enough funding. Funding has been a great hindrance as far as providing opportunities for women is concerned. Most of the time only men teams receive funding from various sponsors. As a result, they are able to purchase the necessary equipment and even join various competitions which enable them to prepare adequately.

On the contrary, women teams get very minimal financial support. In many occasions, women teams have to buy their own uniforms as well as other equipment. Moreover, the teams will have to cater for their transport to various competitions (Moran, 2004). This financial difficultly not only affects performance of women, it also demoralizes them from working hard on improving their talents.

On the same note, women need motivation to join various sports activities. This can be achieved through having mentors. Consequently, it would be vital to have women as coaches of women teams or at least more women in administrative positions in women teams. This will encourage women to join sports since they will be assured that there are people who will understand them.

Moreover, administration of the law will require civic education on the available sports opportunities for women. Making women aware of what is available for them will increase their participation. Most importantly, discrimination of any kind should be done away with.

To ensure that women get their fair share in sports, it is important to have a level competing ground. Research has proven wrong the claims of people that women are not good in some fields. Women are able to do what men can do (Northouse, 2009).

Right from the point of funding various sports activities, gender equity should be the guiding factor. Women should have same opportunities as men so that they can improve the quality of their sports. It is not yet late to know that Title IX has not met its objectives. Therefore, more should be done to ensure that the law is fully implemented.

References

Gavora, J. (2002). Tilting the Playing Field: Schools, Sports, Sex. New York: Encounter Books.

Moran, A. P. (2004). Sport and Exercise Psychology: a Critical Introduction. London: Routledge.

Northouse, P. G. (2009). Leadership: Theory and Practice. Thousand Oaks: Sage publishers.

Rosner, S. & Shropshire, K. (2011). The Business of Sports. Sudbury: Jones & Bartlett Publishers.

There are two legislative traditions that are very widespread in many countries; in particular one can speak about the common and civil law systems. This paper is aimed at discussing the similarities and differences between these approaches.

Furthermore, one should show how these differences can affect the work of many companies, for instance, American firms that operate at an international level. On the whole, it is possible to argue that the difference between these systems can create significant challenges for many businesses.

First of all, one should remember common law system is based on the premise that courts have a right to develop rules or principles that regulate some aspects of human activities. This issue is particularly relevant if one speaks about such aspects as contracts or tort litigation (Cross 181).

Close attention should be paid to the so-called precedents or the decisions took by judges in the past (Schubert 88). These professionals have to rely on precedents when they need to address similar cases or disputes. Nevertheless, these people can also adopt new rules if they see that existing legislation is not sufficient for resolving a particular problem.

This is one of the main peculiarities that should be kept in mind. In contrast, civil law system is based on the collected and ordered set of regulations and rules that were adopted by the government (Cross 181). The main issue is that courts are only allowed to interpret existing regulations.

In other words, they are forced to operate within certain limits. Nevertheless, they do not usually have the opportunity to introduce new rules. This is one of the main differences that one can identify. These discrepancies can affect both individuals and organizations when they have to live or operate in a new legal environment.

Nevertheless, one should not assume that these approaches have nothing in common. For example, in each of these systems criminal activities are evaluated according to the statutes that cannot be altered by a judge (Cross 181). Furthermore, even in common law traditions, judges have to follow certain principles while interpreting existing precedents or identifying new ones (Antoine 44).

Apart from that, the decision of the supreme courts in civil law countries can sometimes have binding power. This is one of the issues that should be taken into consideration by organizations and individuals.

The companies that are based in the United States can encounter several challenges while operating at an international level. These organizations are accustomed to common law tradition, and sometimes, it is difficult for these firms to work in a different legal environment.

This is one of the main issues that be taken into account by business administrators. For example, one can mention such a company as Apple that was forced to make its online store compatible with mp3 players manufactured by their competitors (Norwegian Consumer Council. 1).

Provided that this company had been operating only in the United States, it would have been easier for them uphold their rights. Yet, Norway is a country with civil law tradition and the judges working in this country have to adhere to certain codified regulations. This is one of the examples that one can provide.

Furthermore, one can mention about the difficulties faced by Google when it began its operations in China. This corporation was forced to comply with existing laws regarding free speech and censorship. These restrictions could have violated the main values of this company.

This is one of the reasons why this corporation decided to move to Hong Kong in which common law system is adopted (Miller 183). In this legal environment, this organization can better protect itself from the intrusion of the government. Overall, such difficulties are faced by other American firms.

These cases suggest common law system can actually create an unfair advantage for some organizations, especially if one is speaking about local producers. This argument is particularly relevant to the case of Apple since this organization was forced to give away its competitive advantage to some of its key rivals.

Nevertheless, while evaluating common and civil law traditions, one should not overlook the political culture of a country. For instance, a civil law system can be rather effective in fully democratic countries. Nevertheless, this model can function very poorly when it is used in a totalitarian or autocratic state. This is the main argument that should be taken into consideration.

These cases indicate that common and civil law systems differ in several ways. One should focus on the opportunities that are available to judges. In the common law tradition, they are enabled to act as legislators who can introduce new rules by setting precedents. In contrast, civil law tradition implies that the decisions of these professionals should be based on existing statutes.

They have to operate within certain limits. This difference can profoundly affect the work of American companies that are accustomed to common law legal tradition. However, the differences between these traditions can be better described by looking at the political system of various countries.

Works Cited

Antoine, Rose-Marie. Commonwealth Caribbean Law and Legal Systems, London: Routledge, 2008. Print.

Cross, Frank. Wests Legal Environment of Business: Text and Cases: Ethical, Regulatory, International, and E-commerce Issues, New York: Cengage Learning, 2007. Print.

Miller, Roger. Business Law, New York: Cengage Learning, 2011. Print.

Norwegian Consumer Council 2012. Complaint against iTunes Music Store. Web.

Schubert, Frank. Introduction to Law and the Legal System, Boston: Cengage Learning, 2011. Print.

In the contemporary world, there is a great variety of legal systems that exist in different countries. A countrys legal system is a result of its political and historical development, as it reflects the core values of the state. For instance, a variety of Middle Eastern countries follow Muslim law due to the significant impact of the Islamic religion on all aspects of governance. Due to extensive international cooperation, it is crucial for international law students and practitioners to understand the different legal systems used in different areas of the globe. The JuriGlobe site (n.d.) provides a useful overview of international legal systems. There are four types of law included in the JuriGlobe (n.d.) overview: civil law, Common law, customary law, and religious (Muslim and Jewish) law. Also, although a lot of countries adhere to a single legal system, many countries use mixed legal systems (Reichel, 2013).

Common law is the first type of law addressed in the JuriGlobe. It is based on English Common law and is based on judicial precedent (Reichel, 2013). The precedent system means that the court decisions are made based on previous cases and decisions and not on written laws. The United States, Australia, United Kingdom, Canada, and Ireland all follow the Common law legal system. One advantage of the common law, as opposed to other systems, is that it promotes fairness of court decisions. Statutory laws passed by the government might not apply to all cases, which is why addressing past decisions in similar situations allows viewing each precedent separately. On the other hand, the precedent system complicates the court process, which might increase the efficiency of the judiciary.

One of the most popular legal systems in the world is civil law. It is used in European and South American countries, as well as in Russia, Kazakhstan, Turkey, Thailand, and others. Civil law is also called the Roman law, as it largely based on the legal system used in ancient Rome (JuriGlobe, n.d.). The civil law gives precedence to written law, which means that it relies on a set of codified principles (Reichel, 2013). Such practice allows for a systematic support of the law, as the court decisions depend solely on the written principles and not on past precedents or the jury. This, in turn, allows for a simpler and clearer legal process than in common law, enhancing the courts effectiveness. In the U.S. legal system, on the other hand, more value is given to past cases and decisions, which makes the law more flexible and adaptable to sociopolitical changes.

Another common legal system is religious law. JuriGlobe (n.d.) addresses Muslim law specifically, as it is the most common version of the religious law. Muslim law is practiced in Afghanistan, Maldives Islands, and Saudi Arabia and is part of mixed legal systems in Egypt, Iran, UAE, Pakistan, and many other countries of the Middle East. Jewish law is another version of religious law, which is used as part of a mixed system in Israel. Jewish courts are also present in America under the Beth Din of America (BDA), which helps to accommodate for the needs of Jewish citizens (Broyde, 2012). As opposed to the U.S. Common law, religious legal systems are based on religious doctrines, and the decisions are made by the court based on the appropriate religious values and rules (Reichel, 2013). The major limitation of such system is that it is only applicable to the members of the same religion, and cannot be used in multicultural communities.

FInally, customary law is the fourth legal system addressed by the JuriGlobe (n.d.). Customary law monosystems are rare and only apply to Andora, Jersey (UK), and Guernsey (UK). However, customary law is part of mixed legal systems of China, South Korea, Japan, Taiwan, and Switzerland. Customary law is based on traditions. Although it might seem somewhat similar to the American precedent system in terms of its reliance on past cases, is not formally accepted as the sole law of the country and can only be applied to a small number of communities with a long history of traditions and customs (Reichel, 2013). One significant disadvantage of customary law is that traditions used as a basis for court decisions are not formally accepted, which means that they can be illegal and unfair to subjects.

Overall, I believe that the best legal system is the one that suits the countrys sociopolitical context. Even though the common law is successfully used in the United States, it might not be as effective in other countries, such as South Korea or Japan due to the cultural and political differences. Moreover, some countries might require a mixed legal system to ensure a comprehensive approach to court procedures or to accommodate a wide variety of cultures and communities. For instance, the proposed adoption of a common law code in China can potentially enhance the countrys judicial system and eliminate many procedural issues (Capowski, 2012). Therefore, it would not be possible to define a universal legal system that would be successful in all countries of the world.

References

Broyde, M. J. (2012). Jewish law courts in America: Lesson offered to Sharia courts by the Beth Din of America precedent. New York Law School Law Review, 57(1), 287-311.

Capowski, J. J. (2012). Chinas evidentiary and procedural reforms, the federal rules of evidence, and the harmonization of civil and common law. Texas International Law Journal, 47(3), 455-504.

JuriGlobe. (n.d.). World legal systems. Web.

Reichel, P. L. (2013). Comparative criminal justice systems: A topical approach (6th ed.). Upper Saddle River, NJ: Pearson Education, Inc.

Gender equity has been a challenge to implement in every sector of the economy. Despite the efforts that have been put in place to ensure that gender equity is achieved, men find great favors than women in very many areas. Sports sector is one of the areas where gender equity has not been attained.

It should be noted that women sports activities are not taken seriously in many countries of the world. Much emphasis is placed on men sports activities given the fact that sports is seen as a masculine activity which women cannot be able to favorably engage in. Male sports activities are well funded, have adequate facilities and are properly advertised than female sports.

The enactment of Title IX law was seen as a great step towards achievement of gender equity in several areas including sports. Nevertheless, a lot still needs to be done in order to have fairness. The challenges that face implementation of the law should be dealt with.

Title IX is a federal law in the United States of America which was enacted in 1972. The law illegalizes discrimination of people on the basis of sex in any educational program that is supported by the federal government. The law was enacted to ensure that female students have equal opportunities in sports just as their male counterparts.

It is important to note that women are not only disadvantaged in terms of sports participation, but also in administration due to lack of opportunities to train for these careers (Gavora, 2002). It is very unfortunate to note that 40 years since the enactment of Title IX, women are still discriminated against in sports related activities.

Among the factors that hinder successful implementation of Title IX is prejudice and stereotypes that have been associated with female sports. Women are made to think that sports especially athletics is a masculine activity. Consequently, women who are engaged in sports activities are said to be unattractive thus they cannot get married.

Moreover, there has been a misconception spread by various people that women who participate in various sports have reduced chances of giving birth. In this regard, women themselves become a stumbling block in the implementation of Title IX.

Another factor that hinders implementation of Title IX is lack of sponsors for women sports. While male athletes easily get sponsors, women find it very difficult to get sponsors. This is due to the fact that it has been assumed that men athletes easily win and they are well rewarded.

As a result, women teams lack the necessary resources to facilitate their participation. On the same note, women do not have training facilities that can enable them to train effectively. Moreover, many women are not willing to be involved in physical activities (Rosner & Shropshire, 2011). In this regard, it becomes very tricky for coaches to get women that are physically fit to be trained as athletes.

Therefore, even if educators would want to be fair to women, it becomes difficult because women are not ready. On the same note, women will want to have fellow women as their coaches. This will enable them to have freedom of expression during training sessions thus enhancing their confidence. Unfortunately, there are very few women coaches in sports. In this regard, though women are not prevented from participating in athletics, they find it difficult to join and get trained by men who will not understand them.

Fairness has been a nightmare in sports. Male dominate every section of sports. They form majority of participants, coaches and even administrators. It is important to note that there have been increased efforts not only from women activists, but also from other social organizations to ensure that fairness in sports is achieved. Unfortunately, this has not been met due to various factors.

To begin with, there has been masculine supremacy in the sports field with men dominating almost every section. In this regard, the need to maintain status quo has kept women out of question whenever selection is done.

On the same note, people have a tendency of using connections to get into positions of leadership in most sectors of the economy (Northouse, 2009). In the sports field also, people favor those who are close to them or those with whom they have something in common. Women lack the essential connections that will enable them get selected to participate or even climb the ladder to administrative positions.

Moreover, horizontal segregation is quite common in the sports field. People still have the perception that women cannot properly run sports departments. Consequently, women have been segregated when it comes to hiring or even selection of participants in sports sector (Rosner & Shropshire, 2011).

Men choose other men and train them thus limiting the opportunities available for women. Furthermore, sports sector is viewed to be a demanding masculine field which requires somebody who has enough time to train. Unfortunately, society takes women to be people who should take care of children and thus do not have enough time for physically demanding activities.

Lack of women sport administrators has also hindered achievement of fairness. Women are given few opportunities as management interns in sports compared to men. As a result, women always lack the experience that is required for administrative posts. The hiring process is also biased in favor of men thus limiting chances of women advancing. Unlike men, women lack the necessary motivation and support whenever they decide to join sports.

Due to lack of opportunities to be trained, women lack the necessary training required to join administrative positions in sports. It should be noted that it is not only women who face challenges in their endeavors to be sports administrators. The problem of getting opportunity to join management internship is common to men and women alike.

On the same note, the problem of connections is rampant and it makes many people to miss vital opportunities (Moran, 2004). Similarly, it is difficult to get the necessary mentorship which is crucial in motivating people. Since many administrators are men, male participants are favored.

Culture is another factor that causes unfairness in the sports field. Though people will argue that culture is not very influential in the United States, it should be noted that U.S. is a country with people from diverse cultural backgrounds. Consequently, culture cannot be left out of any discussion. Group work is very vital in sports and implementation of decisions involves consensus and commitment from group members.

Participation of team members in day to day activities is crucial for success. Unfortunately, this attributes are not of much importance in some cultures. Women are regarded lowly and men do not respect their opinion. In this regard, women are not given opportunities to compete on the same level as men or even access management positions.

It is important to note that discipline and time management are crucial in sports (Gavora, 2002). However, some cultures take women to be very poor managers of time. This reduces the probability of men being willing to cooperate with women in sports. This poses a big challenge to sport administrators.

Achievement of gender equality in sports is therefore an issue that requires addressing. Women also need resources and the support that is accorded to men in various sports activities. Women need to train just as men in order to effectively compete in various competitions. On the same note, in order to enhance quality of women sports, facilities used should be advanced. Nevertheless, some people argue that focusing on increasing resources of women will jeopardize men opportunities.

It is crucial to point out that this is a wrong notion. To begin with, providing women with pitches to train will not interfere with opportunities available for men. Women can easily use the same facilities with men in training with some few adjustments like changing rooms. When the number of men using the same facility increases, nobodys opportunity is hindered. Consequently, opportunities of men cannot be hindered if women join men in using the same facilities (Rosner & Shropshire, 2011).

On the same note, women need their benefits for participating in various sports activities to be increased. Conspicuously, benefits that women receive are far much lower than those paid to their male counterparts. If federal money allocated to female sports is increased, then benefits paid to women can be increased.

It is quite crucial to note that this will in no way reduce the amount of benefits paid to men. Women can also be motivated to join not only athletics, but also other sports activities. Motivation can be achieved through mentorship, having more women to be administrators of women sports as well as giving women necessary support.

People should also be encouraged to increase their enthusiasm in women sports. If women get more people cheering their sports, they will be psychologically and emotionally persuaded to join different sports activities. Once again, it should be noted that this will in no way interfere with the opportunities of men to advance their talents (Northouse, 2009).

In administration of Title IX, people should ensure that equity is maintained. The law was meant to maintain equity and not to favor anybody in any way. Therefore, if I was in a position where I am required to administer the law, providing equal opportunities would be my main aim.

Women need to participate in various sports just as men. The idea that there are some sports which are masculine is misplaced and should not be allowed. Female gymnasiums should be well equipped just as those of men. This will ensure that female students get enough training that will increase their confidence when they are participating in different sports activities.

Another important thing regarding the implementation of Title IX is ensuring that female sports receive enough funding. Funding has been a great hindrance as far as providing opportunities for women is concerned. Most of the time only men teams receive funding from various sponsors. As a result, they are able to purchase the necessary equipment and even join various competitions which enable them to prepare adequately.

On the contrary, women teams get very minimal financial support. In many occasions, women teams have to buy their own uniforms as well as other equipment. Moreover, the teams will have to cater for their transport to various competitions (Moran, 2004). This financial difficultly not only affects performance of women, it also demoralizes them from working hard on improving their talents.

On the same note, women need motivation to join various sports activities. This can be achieved through having mentors. Consequently, it would be vital to have women as coaches of women teams or at least more women in administrative positions in women teams. This will encourage women to join sports since they will be assured that there are people who will understand them.

Moreover, administration of the law will require civic education on the available sports opportunities for women. Making women aware of what is available for them will increase their participation. Most importantly, discrimination of any kind should be done away with.

To ensure that women get their fair share in sports, it is important to have a level competing ground. Research has proven wrong the claims of people that women are not good in some fields. Women are able to do what men can do (Northouse, 2009).

Right from the point of funding various sports activities, gender equity should be the guiding factor. Women should have same opportunities as men so that they can improve the quality of their sports. It is not yet late to know that Title IX has not met its objectives. Therefore, more should be done to ensure that the law is fully implemented.

References

Gavora, J. (2002). Tilting the Playing Field: Schools, Sports, Sex. New York: Encounter Books.

Moran, A. P. (2004). Sport and Exercise Psychology: a Critical Introduction. London: Routledge.

Northouse, P. G. (2009). Leadership: Theory and Practice. Thousand Oaks: Sage publishers.

Rosner, S. & Shropshire, K. (2011). The Business of Sports. Sudbury: Jones & Bartlett Publishers.

Introduction

The United States of America justice system has the responsibility of enacting legislations and law to facilitate the delivery of timely justice to its citizens. Civil litigation is a federal government civil dispute registration method that involves solving/seeking solution to issue through the court system but giving representing lawyers a chance to defend their clients. In the United States, civil litigation takes place in normal courts however it is strictly guided by formal and exhaustive rules of civil procedures; one rule that has been adopted in the system is civil discovery in the procedure and process of civil cases administration.

Advantages of civil discovery

Under the new system, a compliant is given the chance to offer such information or supporting documents from any sources. With the allowed mechanism, someone can be able to prove his case beyond doubtful doubts as is required by law. On the other hand, there is emphasis on offering justice as it is and the court when making decisions has all materials required for the case. Civil litigation system offers disputing parties a chance to seek solutions to their disputes in court without necessary following the traditional court system. With such an allowance, they are able to get solution faster than the case would have been in normal courts. Although the litigation process takes place in normal courts, it has to follow certain procedures to enforce discipline and satisfaction of the parties. In the event the parties agree before the process is over, they are at free to stop the process at no cost on their side. Another advantage with the court system is on setting precedence, when a case has been determined; it improves the court rules and legislations. The richer the country is in its rules and legislations, the better the judicial system administered in the economy.

Disadvantages of civil discovery

Although the method is simple, straight forward, and easy to administer, the government has not taken the initiative to have other court rooms to increase the capacity of the existing ones. With this, the court system has become congested and delayed, justice has started to trickle in the system. The precedents set by the system have been challenged, not to be binding as ruling is made on case basis; with the challenge of precedent, it becomes difficult for the court system to depend on the system for improvement and development of court laws. Although the cases handled by civil litigation are civil in nature, they include environmental laws, employment laws, and domestic matters; the line between civil and criminal laws is thin to define. The volume of matters that can fall under civil litigation are increasing, coupled with lack of clear definition, the court system becomes challenging to administer.

Parties in dispute may have different definition of civil and criminal cases thus creating confusion and conflicts when determining the court systems to adopt. The difference and ambiguity in law delays justice and erode confidence in the United States justice system.

The duration and time taken to gather information to support a case is much to the point that it can be distorted or the time taken before delivery of justice lengthen. Although the main consideration of the legislation is to ensure what prevails in the community, it leads to delayed justice in the end.

There are two different categories of remedies available: self-help and judicial. Self-help remedies are without the involvement of the court and only available in material breach cases. Among the kinds of self-help remedies are rescission and retention. Rescission occurs when the innocent party decides not to continue with the contract and cancels it as if it never happened. If a borrower decides to cancel a loan within the rescission period, any fees paid in relation to the loan will be refunded by the lender. However, if the innocent party suffers a loss from the breach then they are entitled to sue the other party for damages.

On the other hand, retention is when the innocent party withholds any payments or performances which were included within the contract, which counteracts the performance/payment not received. This does not bring the contract to an end, it merely suspends it. A good example of retention is a ‘rent-strike’. A situation that this could happen is when a tenant withholds a payment of rent from the landlord until the landlord fixes repairs. The case of Macari v Celtic FC(2000)5 is an example of retention. In this case, there was a breach of contract by CFC, Macari withdrew his performance until the issue was resolved.

Judicial methods can only be ordered by the court. Among the main judicial remedies are recovery of debt, specific implement, interdict and damages. Failure to make payments under a contract is one of the most common ways of breaching a contract. The party whom is due the payment is able to sue the other party for the money which is owed. For example, if you buy items from a company on credit terms and the items are then delivered and you are given a payback period of one month. If you fail to make the payment, the company can demand the payment by suing you in court. Therefore, requiring the contract breaker to perform the obligations within the contract.

Another remedy which requires the breaker to perform the obligations is known as specific implement. The difference between the action of debts and specific implement is that, unlike the action of debts requiring the repayment of the money owed, specific implement seeks the repayment of performance from the contract breaker.

Interdict is the opposite from specific implement in the sense that, it does not seek the repayment of performance, it is an order not to perform. It is used to prevent or stop parties from breaching contracts. A good example for interdict is the Church Commissioners for England v Abbey National (1994).

The most common remedy of the judicial method is damages. Damages is where money is payable for the loss of performance. The damages payment is to compensate the loss of time, effort and performance lost by the other party due to the breach of the contract. Although not every loss can be compensated for. A famous case for the decline of disgorgement damages is Teacher v Calder (1899).

Civil law is when there is a dispute between private citizens and one party wants to go to civil court to seek a remedy. They have to seek the help of the civil court themselves, it does not automatically happen. Whereas criminal law is between a person and the state – when a person has been charged with a crime and is brought before the criminal court. The criminal law ensures that every citizen within the UK knows what acceptable behaviour is and what is not. For example, it is not acceptable to murder another person, so the criminal law enforces this. When the criminal law is broken it is seen as a breach against our whole society whereas civil law is between the two parties.

Unlike civil law where the party has to actively seek the help of the court themselves, criminal law is the opposite. The Procurator Fiscal decides whether a criminal case should go to court. There must be enough evidence against the accused to allow a criminal case to go to court to prove ‘beyond reasonable doubt’. However, criminal law is less strict that the evidence needed in the criminal cases and only needs to prove that it is more likely than not that what they are claiming is true.

The parties involved in the two classifications have similarities but also many differences. In a civil case there are the two parties involved in the case. The judge whom is in charge of everything that happens in the court room and the defence lawyers – one representing both parties. On the other hand, the criminal system is more complex. The judge is still present and is in charge of the court room but has less of a role in the decision making of the trail as there is a jury of 15 people. The Procurator Fiscal is the lawyer for the prosecution whom is presenting the case against the accused and the defence layer tests the evidence presented on behalf of the accused. In Scotland, there is three verdicts available for all courts, Guilty – Not Guilty – Not Proven.

As both classifications of law may overlap during certain situations. Criminal law protects the community whereas civil law protects the individual. For instance, if a person was to be the subject of rumours, the community is not affected but the rumours could be seriously harmful, turning it into a criminal matter.

Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings.

In their technical, narrow sense, the words civil law describe the commandment that relates to persons, things, and relationships that develop among them, excluding not only criminal law but also commercial law, labor law, etc. Systematization took place in most civil law countries, with the French Code civil and the German BGB being the most influential civil codes.

Criminal law refers to a body of laws that apply to illegitimate acts. In instances wherever a private fails to stick to a selected ill-gotten statute, he or she obligates a criminal act by breaking the rule. This body of acts is completely different from civil law, as a result of legal code penalties involve the forfeiture of one’s rights and imprisonment. Conversely, civil laws relate to the resolution of legal disagreements and involve cash damages.

There are numerous theories for why we’ve a legal code system. Neither theory is exclusive or dispositive. The most theories for legal code include: to discourage crime, to reform the wrongdoer, to produce retribution for the act, and to forestall any crimes. There’s a lot of discussion concerning these theories of legal code and that policy is best promoted by the body of legal code.

The difference between gracious law and criminal law turns on the change between two distinctive objects which run the show looks for to seek after – change or discipline. The protest of gracious law is the reparation of wrongs by persuading reward or compensation: the transgressor isn’t chastised, he as it were endures so much hurt as is vital to make great the off-base he has done. The individual who has hurt gets a beyond any doubt advantage from the run the show, or at slightest he evades a misfortune. On the other hand, within the case of violations, the most thing of the act is to rebuff the transgressor; to offer him and others a strong actuation not to oblige same or comparable crimes, to change him on the off chance that conceivable and maybe to pacify the open sagacity that wrongdoing have to be meet with revenge.

Criminal law is all about the public misdeeds and breaches. According to extralegal law solely restricted appeals is done. Unanimous jury conduct proceedings. Rendering to the present decree, state takes the action. Punishment as confinement or death. Government as official. Proof: on the far side an affordable doubt. Theft, assault, burglary, trafficking in meticulous substances, murder, etc., status necessities.

The rules about the crimes in which in which parties are involved in a crime privately are called Civil Law. In Civil law, both parties have the right to bearing appeals. The recompenses are given to persons. Non-Unanimous jury conducts instance proceedings. An individual brings the actions in these cases. Punishment as compensation. Injured person as litigant. Proof: on the far side a reasonable doubt. Landlord/tenant disputes, divorce proceedings, kid custody proceedings, property arguments, personal injury.

Under the legal code an individual United Nations agency has pained could also be prosecuted by the state, if found guilty this may penalize them and leave them with a record hopefully forestall them from crime once more. In civil law this can be not therefore. The litigator isn’t found guilty, and isn’t penalized. A civil circumstance is between people, a criminal case is that the action of the state against a personal, and this can be as a result of the unlawful has pained against society then he/she is penalized by society as an entire, within the name of the queen.

Lastly, it’s necessary to notice that a similar series of events could make to each a criminal and a civil case. As an example if an individual has exceeded the regulation and driven automotiveelesslyinflicting and accident and damaging another person’s car, they’ll be moon-faced with 2 main consequences. Below the legal code they’ll be prosecuted by society for driving offences, and below civil law they’ll be sued by the casualty or their insurance firm for harm to the automotive and any injury caused.

Law is a system of rules that are created and enforced through the social or governmental institution to regulate behaviour. Law is symbolized by goddess Mart a lady justice who has weighed fold in hand indicating that justice should be impartial without and regardless of money, wealth, power and identity. This is a basic principle in Indian Law.

India maintains a hybrid legal system including criminal law, civil law, common law and statutory law within legal Framework inherited from the colonial era and various legislations firstly introduced by British. The constitution of India is the longest written constitution for a century. It contains 450 articles, 12 schedules 101 amendment and 117,369 words. This makes the Indian Law system a very extensive one.

Article 44 of the Constitution of India lays down an important directive principle of state policy, namely that the state endeavour to secure for its citizens, a uniform civil code throughout the territory of India. However, as clarified by Article 37, directive principles are not enforceable by any court, although they’re fundamental in the governance of the Country.

A uniform civil code would ensure that all citizens of India are governed by the same set of secular civil laws in matters of marriage, divorce, maintenance, adoption, inheritance. It is true that present day family law is a mixture of old and new; it is of complicated, incoherent and non-symmetrical nature and so there is need for such a code which will do away with diversity in matrimonial law. The pertinent question that arises is: “If a same law of contract or torts applies to a Hindi and Muslim, why not the same law of marriage and divorce?”.

Historical Background Of Uniform Civil Code And Its Debate

The movement for a Uniform Civil Code kicked in around the beginning of the 20th century in demand for women rights , equality and secularism. In a multicultural society like India, there is a contrasting system of personal laws. Personal laws were first framed during the British Raj, mainly for Hindus and Muslim citizens. Due to the confusing state of applicability of law, it was necessity to systematic and rationalize the legal system. Thus, they took the initial footstep towards codification of laws. They realized the general law of the country was under an imperative need of change. The purpose of the codification appears to have been to achieve certainty and uniformity. Codification of laws were made possible with the active assistance of scholars from both communities.

The next major historical location for the Uniform Civil Code debate was when the imagination for a free India was forged in the debates in the constituent assembly. The decision to place it in the Directive Principles of State Policy, Article 35 in the draft and Article 44 in the final Constitution was based on assurance given by Nehru and Gandhi to that enactment of Uniform Civil Code would be postponed, although it would remain as an aspiration of the State. However, this compromise was severely objected saying that the religion based personal laws creates divisions within the country by compartmentalizing various aspects of life. Later on, during the first 10years of Independence, Indian Government passed Hindu Code Bill even though it faced strong oppositions from conservative Hindus. It was the first major movement of democratic State. In subsequent years, records of legislature wing of the state in making efforts to unify the nation under a common civil code includes enactment of Special Marriage Act, 1954, The Hindu Code, 1955-56.

Need For Uniform Civil Code In India

The basic ideology behind the formulation of a civil code is to end discrimination based on religion. There is also need for a political consensus to implement the uniform civil code. With the enactment of a Uniform Civil Code, secularism will be strengthened, much of the present day separation and divisiveness between different religious groups in the country will disappear and India will emerge as much more cohesive and integrated nation.

Uniform Civil Code and Secularism

The Preamble of the Indian Constitution states that India is a Secular, Democratic, Republic. The process of secularization is intimately connected with the goal of Uniform Civil Code like a cause and effect. In the case of S.R. Bommai v Union of India, as per the Justice Jeevan Reddy, it was held that religion is the matter of individual faith and cannot be mixed with secular activities and can be regulated by the State by enacting a law.

Role Of Judiciary Or Analysis Of Uniform Civil Code

In Sarla Mudgal’s Case, the implementation of a uniform civil code is imperative for the protection of the oppressed as well as for the promotion of national integrity and unity. It is based on the concept that there is no logical connection between religion and personal law in a civilised society. Marriage, divorce, adoption, succession and the like are matters of a secular nature, and can therefore be regulated by a law applicable to all persons in a country.

Time and again, the judiciary has given a loud and clear call for the implementation of a uniform civil code in India. In 1985, in Mhd. Ahmed Khan v. Shah Bano Begum popularly known as Shah Bano’s Case, the Supreme Court reminded the Parliament in very strong terms to frame a uniform civil code. In that case, a poverty-struck Muslim woman, who was given a triple divorce by her Muslim husband, claimed maintenance from her husband under section 125 of the Code of Criminal Procedure, under which a wife who is unable to maintain herself can claim maintenance from her husband. The Supreme Court held that she did have such a right and observed that even the Koran imposes and obligation on a Muslim husband to make a provision for his divorced wife. Lamenting that article 44 of the Constitution had remained a dead letter, the then Chief Justice of India, Justice Chandrachud, observed as: “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies”.

The response to this judgment was prompt, strong and reactionary. Protestors took to the streets, disturbances erupted all over the country. The government, led by Prime Minister Rajiv Gandhi, reacted immediately and Parliament passed the Muslim Women’s (Protection of Rights in Divorce) Act, 1986, which effectively nullified the decision of the Supreme Court in Shah Bano’s Case.

The Supreme Court once again sent a strong reminder to the government in Sarla Mudgal v. Union of India, when the apex court reviewed four cases where the facts were similar. The question before the court was whether, after contracting a Hindu marriage, the husband could convert to Island and marry a second wife, without divorcing her first. The Bench, headed by Justice Kuldip Singh, held that an errant Hindu husband could not do so to circumvent the provisions of Hindi law and would be punishable for bigamy under the Indian Penal Code if he did so. In a rather lengthy judgement, the Judge touched upon the importance of a uniform civil code at least twenty times, and lamented as under: “Successive governments have, till date, been wholly remiss in their duty of implementing the constitutional mandate under Article 44”.

Likewise, in Pannalal Bansilal v. State of AP, it was held that although a uniform civil code is highly desirable, it ought not to be enacted in one go, as that would be counter- productive to the unity and integrity of the nation.

Even the strong outbursts of Justice Kuldip Singh (referred above) were later watered down by the Supreme Court in subsequent cases with an observation that such remarks were only in the nature of obiter dicta and were not legally binding on the government.

Sandwiched between the Supreme Court’s mixed response and the legislature’s wariness, it is clear that the implementation of a uniform civil code in India will remain a distant dream for a long time to come. In 1954, when the then Prime Minister Jawaharlal Nehru was asked why Article 44 had not yet been implemented, he declared: “I do not think that at the present moment, the time is ripe in India for me to try to push it through”.

In other words, he did not feel that the country was ready for such an enactment at that time, which was more than sixty years ago. Sadly, it appears that even today, the country is far from ready for it.

There can be no doubt at all that personal laws, including a uniform civil code, must necessarily be in with the Constitution of India. Now, Article 25 of the Constitution deals with fundamental rights and guarantees the freedom of conscience and the right to profess, practice and propagate religion. It thus follows that no set of laws can violate Article 25, which is a fundamental right, as contrasted with Article 44, which is only a directive principle. Clearly, Article 25 was enacted to protect the religious freedom of various communities in the country. This leads to unique dilemma: “Can the country really have a uniform set of laws for all citizens which necessarily discards some personal laws, and is yet in consonance with the freedom of religion guaranteed by Article 25 of the Constitution?”.

An Optional Civil Code

The concept of an optional uniform civil code has also been mooted. Ideally, a uniform civil code ought to focus on rights, leaving the ritual embodied in personal law intact within the bounds of constitutional propriety. If such a code is made optional, it can provide free choice and facilitate harmonisation of social relationships across the country, in keeping with the changing contours of emerging societal realities.

It has also been opined that a uniform civil code, optional or otherwise, should not be drafted, as sometimes suggested, by putting together the best elements from various existing personal codes, as this is likely to invite controversies. It would be far better that such a code is framed de novo by an independent body like the Law Commission, in consultation with experts and relevant interests, as a citizens charter governing family relations.

Family Laws: The ‘Uniform Code’ of Goa

Whilst entire country swings in uncertainty over the implementation of a uniform civil code, the state of Goa has shown the right path to the rest of the country. A positive step has already been taken several years ago by this state, which has enacted a set of ‘Family Laws’, which apply to all communities in Goa. There is no discrimination in this code between Hindu or Muslims or Christians or any other community. Based on the Portuguese Civil Code of 1867, it governs personal matters like marriage, divorce, succession, guardianship, and embraces the concept of gender equality.

Under this Code, which enacts a very progressive law, every birth, death and marriage is compulsorily registerable. The code provides for an equal division of property between husband and wife and also between children- irrespective of gender. It enacts the rule of monogamy, and Muslims whose marriages are registered in Goa can neither take a second wife nor divorce the existing one by a pronouncement of talak.

Strict provisions have also been made with regard right the distribution of property at the time of divorce. Each spouse is entitled, in case of divorce, to half a share of property. As far as succession is concerned, in case of the death of a spouse, it is provided that the ownership of half the property is to be retained by the surviving spouse and the other half is to be equally divided amongst all the children, irrespective of whether they are male or female, and whether they are unmarried or have got married and left the house. This provision has disabled parents from totally disinheriting their children because the children fall in the category of what is known as ‘mandatory heirs’. They cannot be disinherited save under extraordinary circumstances listed in the code. It is therefore not a matter of surprise that the former Chief Justice Of India, Mr. Y. V. Q once remarked: “It is heartening to find that the dream of a uniform civil code in the country finds it realisation in the Union Territory of Goa’. He also expressed the hope that the Goal Civil Code would one day ‘awaken the rest of bigoted India and inspired it to emulate Goa”.

Recent Developments Regarding The Uniform Civil Code

It is a supposed assumption that after the banning of triple talaq and subduing the special status of Jammu and Kashmir under article 370, the next big move under Modi government’s agenda could be Uniform Civil Code. During the month of August 2018, the Law commission submitted a report ‘Reform of Family Law’. The report presents us with the diversity of Indian culture and how the weaker sections of the society must not be ‘dis-privileged’ in the process.

The All India Muslim Personal Law Board (AIMPLB) will work towards building public opinion against a uniform civil code by establishing contact with different sections of the society, which could be affected in case the common civil code is implemented, saying in a country like India with different cultures and civilisations such a move ‘will not be justified’. “The board members are of the view that in the agenda of the ruling BJP, now only common civil code is left, and they will proceed in this direction”, AIMPLB member said.

There is a firm belief that the way forward may not be uniform civil code but the codification of personal laws, suggestive of the fact that that amendments in personal laws so that the stigma and prejudices attached to them would come to light and could be tested on the anvil of fundamental rights. This is a long-established fact that the opposition had been stalling the Uniform Civil code bill.

Conclusion And Suggestion

Indian law makers need to find a way forward towards the path of development by adopting Uniform Civil Code. A vast number of interests and sentiments must be addressed while devising the rules. Additionally, since this involves radical changes in existing personality laws, the move for reform would take a better shape if there is sufficient pressure from within the various communities that co-exist in India, rather than by one broad sweep of legislation Bringing the Uniform Civil Code is a social transformation and needs to be done gradually. It is not necessary that only some people from minority community will oppose it. Any section of society that is being deprived of benefits may protest.

The Uniform Civil Code should be drafted keeping in mind the best interest of all the religions. A committee of eminent jurists should be constituted to maintain uniformity and care must be taken not to hurt any sentiments of any particular community. A Uniform Civil Code embodies justice and there should be no compromise on it. One nation should have one civil code.

References

1. Riya Puniyani, Uniform Civil Code and its conflict with personal laws.
2. J.N. Pandey, Constitution Of India.
3. AIR 1985 SC 945.
4. Prof. Pithawala, Legal Writing and Legal Language, 4th Edition.
5. AIR 1995 SC 153.
6. AIR 1996 SC 1023.
7. 2017,August 23rd ,Times Of India, retrieved on 2020, October 20th.
8. 2020,March 18th, The Hindu Newspaper, retrieved on 2020,October,21st.
9. 2020,October 17th, The Hindu Newspaper, retrieved on 2020,October,19th.

Chinese civil law

The Chinese civil law is within the tenets of the republic’s constitution. In other words, all the provisions of the civil law’s chapter do not contravene the constitution. The law also draws a lot from the civil experiences that have been gained over the previous years. It aims to cater for the growing socialist modernization. The first chapter addresses the relationship between people and property and points out that an equal status is granted to parties involved in a civil society (Chen 163).

Civil operations

In civil operations, the fundamentals of willingness, equity, restoring accrued loss and truthfulness are keenly put into consideration. The law also guarantees to protect legal persons, interests of citizens and lawful civil rights. There should be compliance within all civil operations that are carried out under the lawful provisions. Hence, state policies can be used where relevant provisions are not in place.

Civil activities should demonstrate dignity for social ethics. Therefore, issues affecting interests of the public should not be harmed. Besides, social economic order or state economic plans ought not to be interrupted at all cost.

All civil activities in China are subject to the legal provisions of the Chinese republic except in cases where the existing laws state otherwise (Chen 164).

Stateless persons and foreigners are also subject to the stipulations of the rules in place as long as they are within the boundaries of the Chinese republic.

The second chapter deals with the aspect of natural person. In the first section of the chapter, civil conduct and civil rights potentials have been outlined. As such, civil rights capacity is bestowed to all citizens. Civil obligations are also enjoyaed by citizens throughout their lifetime. Therefore, equality towards civil rights is granted to all citizens irrespective of their statuses in society.

Adults

Adults are considered to be individuals who are residents in China and have attained the age of 18 years and above. Such people are legally allowed to take part in civil activities and can also access civil conduct fully. Civil conduct and full capacity are also admissible to citizens who are at least 16 years of age (Deveaux 49). However, civil conduct capacity cannot be granted to a mentally challenged person. An agent acts on behalf of a guardian especially in cases where the concerned persons have constrained capacity in civil conduct.

Guardianship

When it comes to guardianship, minors can be guarded by grandparents from the maternal or paternal side if biological parents are either dead or not in a position to care for their child. Elder siblings or close relatives may play the role of guardians. When disagreements arise concerning guardianship, close relatives may be appointed by the local community to take the place of a guardian.

Guardianship duty should be fulfilled accordingly in order to safeguard the legal rights of the person being guarded. The law protects the roles and responsibilities of a guardian.

Missing persons

Missing Persons and Demise declarations are covered in the third section. In the event that a person has been missing for two years, any other individual who is interested in the issue may apply to declare that the respective person is lost. The application takes place in a court of law.

The last day of war is used to compute the length of time taken by a person who goes missing after war while a spouse is responsible for taking care of property of an individual who has been declared missing. In order to recover any unpaid expenses, debts or taxes, the property that belongs to the missing person is supposed to be defrayed.

General stipulations have been addressed under the chapter on legal persons. An entity that can take care of civil rights is termed as a legal person. Such an organisation should also possess civil rights potential based on legal provisions. The beginning and end of the legal person shall determine both capacity and conduct for civil rights. Some of the requirements of a legal person include being able to bear civil liability independently, bearing personal premises, organisation and name, possession of independent property, and should have been initiated lawfully.

Funded formal agency that is independent is a legal entity from the time of its initiation. However, the latter provision should be executed under the supreme law of the People’s Republic of China.

On matters related to economic association, a newly registered entity that has met all the basic legal regulations and opted to engage in economic associated is presumed to be a legal person so long as it has been properly registered by the concerned authority.

Civil law in the United States

In the United States, a plaintiff is an entity that files the lawsuit. The latter may include an individual person, corporation or an organization.

A complaint must be filed by the complaining party before a civil law suit is initiated. Fee waiving on the side of the plaintiff is also possible under the US civil law if the latter is unable to meet the required levies (White 97). All the damages or injuries have to be explained by the complainant. Compensation for damages is allowed in this case. Other types of compensation may also be ordered by the civil law court hearing the case. For instance, in certain situations, the plaintiff’s legal rights may be declared.

Preparation

In the process of preparing a civil case, litigants may be required to offer additional information to one another and also avail necessary documentations. In other words, preparation for trial often requires thorough gathering of evidence alongside the use of witness. Call witnesses should be prepared. Even in the case whereby a civil court case has already begun; any additional discovered evidence can be enjoined during the trial process. Before the trial process begins, a witness may be required to answer specific questions regarding the civil case at hand (Mo 104). A lawyer who has already taken oath of office is the only person allowed to administer questions to the witness. Nonetheless, the latter process should take place when a court reporter is present. It is the role of a court reporter to prepare all the court proceedings. Usually, the proceedings are recorded and produced in form of a transcript.

Settlement

Even before the point of settling differences, litigants are usually requested by the civil law court to settle the conflict on their own. Alternative dispute resolution methods such as arbitration and mediation are encouraged by the US civil law courts. The court considers it to be better if disputes can be resolved without court proceedings or formal trials. This explains why there are many cases when litigants unanimously opt for a settlement. However, if an out-of-court settlement is not agreed upon by the litigants, a trial is scheduled.

Specific codes have been used to write a constitution. Examples include the constitutional and tax law. Legislative enactments are the binding tools used to bring litigants together. Judge-made law is not pronounced at all in civil law in the United States (Moriarty 243). However, there are instances when judges rely on past rulings to pass current trials. Moreover, decisions taken by courts have been largely influenced by legal scholarly writings.

A civil court system works separately from other courts such as those that handle administrative and constitutional matter. Provisions that have been set up by the courts are supposed to be binding since several provisions are implied in formal legal agreements. This creates minimal freedom of contract in the US civil law courts.

Legal codes are updated on a regular basis and they are also comprehensive. The codes are used to clarify matters that qualify to be forwarded to courts and the right methodology to use. In the United States, decisions delivered by judges are less instrumental in forming civil law. In this case, legal scholars and legislators have an important part to play (at the decision-making level) in civil law suits (Hawes, Lau, and Young 356).

Conclusion

From the above comparisons between the Chinese and United States’ civil laws, it is evident that the Chinese civil law is highly structured and comprehensive compared to the US civil law. While specific civil law provisions may differ between the two jurisdictions, the constitution still remains as the supreme law under which all other legal enactments should subscribe to. In addition, legal scholarly writings seem to have little bearing in the Chinese civil law structure.

Works Cited

Chen, Lei. “The Historical Development of the Civil Law Tradition in China: A Private Law Perspective.” Legal History Review, vol. 78, no. 1, 2010, pp. 159-181.

Deveaux, Chad. “Perverted Liberty: How The Supreme Court’s Limitation of the Commerce Power Undermines our Civil-Rights Laws and makes us less Free.” Capital University Law Review, vol. 41, 2013, p. 49.

Hawes, Colin, Alex Lau, and Angus Young. “Lifting the Corporate Veil in China: Statutory Vagueness, Shareholder Ignorance and Case Precedents in a Civil Law System.” Journal of Corporate Law Studies, vol. 15, no. 2, 2015, pp.341- 376.

Moriarty, Richard Briles. “And now for Something Completely Different: Are the Federal Civil Discovery Rules Moving Forward into a New Age or Shifting Backward Into a “Dark” Age?.” American Journal of Trial Advocacy, vo. 39, no. 2, 2015, pp. 227-270.

Mo, Zhang. “Codified Choice Of Law In China: Rules, Processes And Theoretic Underpinnings.” North Carolina Journal of International Law & Commercial Regulation, vol. 37, no.1, 2011, pp. 83-157.

White, Larry. “What Civil Law Attorneys Should Know about American Law: Why Does the American Constitution Work?.” Ankara Bar Review, vol. 3, no. 2, 2010, pp.97-99.

Introduction

According to Thoreau, civil disobedience might be necessary in situations where government machineries compel an individual to be used as a tool for executing injustice to another person. Thoreau asserts that he concurs with the ideology that “government is best which governs least” (Thoreau 163). He mentions that a time will come when men will no longer require governments to govern them. The author assumes the perspective that systems run by governments are rarely fair or efficient as per the expectations of the majority.

In most instances, administrative systems of governance are largely “abused and perverted”. Therefore, the needs and aspirations of the people are hardly addressed by governments of the day. Nonetheless, the author still defends the American regime in the sense that “the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have ” (Thoreau 165) Thoreau argues that the government does not always attain the objectives why it was formed.

For example, it fails to secure the nation or create a liberal society. The author proposes that governments should be passively involved in vital services required by the people. Of particular importance is the issue of personal freedom coupled with free will. He laments on the restrictions imposed on business activities. He clarifies that there is need for a better government in place and not necessarily total elimination of governing authorities.

Civil Disobedience

The above arguments set the stage for Thoreau to present his deeply ingrained ideology on how people should react to elements of injustice from authorities. Thoreau strongly believes that voting does not offer any solution for the much-need justice in society. It is crucial for someone who is mentally stable to follow his or her inner conscience. Thoreau feels that it is not the role of individuals to do away with wrongs even if the said wrongs are extremely gross.

Nevertheless, individuals should never allow themselves to be associated with acts of injustice. The author asserts that “If I devote myself to other pursuits and contemplations, I must first see, at least, that I do not pursue them sitting on another man’s shoulders” (Thoreau 169). This explains why civil disobedience is necessary in circumstances whereby a person can be used as a tool for harming other people.

He notes that “If the injustice is part of the necessary friction of the machine of government, let it go… but if it is of such a nature that it requires you to be the agent of injustice to another, then I say, break the law… What I have to do is to see, at any rate, that I do not lend myself to the wrong which I condemn” (167).

The perspective taken by Thoreau in regards to breaking the law is indeed justified bearing in mind that committing two wrongs do not make a right. The rest of this argumentative essay supports that thesis that civil disobedience should be allowed when the rights and privileges of other people are subject to be infringed or violated.

What can justify disobedience to laws?

If we speak of disobedience to the laws, we must try to clarify the type of laws in question. Examples of disobedience include breaking primary laws governing a nation (theft, performing acts of euthanasia or hosting illegal immigrants). We may also find ourselves disobeying the moral laws (such as lying or deceiving someone) or breaking religious law (such as committing adultery).

Hence, from the outset, it should be noted that the issue of disobedience to laws is quite broader than the mere mention of legal provisions as dictated by the laws of the land. At this point, we may now attempt to define what is meant by term ‘law’. Besides, is there anything common or different between the moral, legal and religious laws? Are there any other types of legislations that may be appropriately violated by the people? Indeed, the laws of nature are what govern the operation of nature that surrounds us.

Scientific laws also describe the laws of nature. As can be seen, it is practically impossible to disobey the laws of nature. As a matter of fact, we may not decide not to die or better still, transform ourselves into flying beings. Hence, the question of disobedience to these laws does not arise. We can surely rule out thinking about such laws in this discussion.

However, it is still prudent to find a common definition to the other three types of laws we have mentioned namely the religious, moral and legal laws. It is clear that in each case, the laws can be disobeyed if authorities attempt to impose duties, obligations or pose prohibitions that go against the basic rights of individuals (Udeh 37).

The first characteristic of these laws is that they are prescriptive – unlike the “descriptive” laws of nature or science. The three categories of laws are prescriptive. Any type of law usually expresses a general relationship between various phenomena.

Whether or not to break these laws is a debatable issue that needs to be investigated further. Disobedience towards the law may take several forms such as the most violent (rebellion, revolution), the most trivial (flights) and the most noble and peaceful form (the so-called civil disobedience that is characterized by non-violence). Justice remains the pillar for justifying disobedience towards laws (Lewis 54).

If we consider the three types of laws mentioned earlier (moral laws, religious laws, and legal laws), we see that they all regulate the relationship among men by fixing the limit of their actions towards others. If the freedom of an individual begins where those of other people stops, then disobedience towards laws might be difficult to justify because it may introduce discord, chaos and eventual disruption of a peaceful society in which everyone benefits. Laws that guarantee social stability are the only ones that must be followed (Behr 129).

A notable personality like Abraham Lincoln violated the constitution more than once for the benefit of the American people. However, this violation or civil disobedience towards the law did not spoil his reputation because he acted

Lincoln violated the constitution a few times and although he’s universally recognized as a moral leader, was it a good thing? Was it not designed to provide checks and balances on power? The argument I got when discussing this today was “he was in uncharted waters and did what was necessary”. So the more general question is, when and how does one deem it necessary to break the rules. For instance, he commanded the military to block the Southern ports.

Although it was only the Congress that was supposed to issue such an authority, the act of war was rather urgent. Convening sessions in the Congress and debating about the issue would take a rather long time at the detriment of the citizens and national economy. Hence, there are instances when laws can be broken in order to defend a common good (Skinner 141).

Another solid reason why civil disobedience can be desirable is when it comes to defending the broad interests of the public (Forji 163). A case in point is the 2011 Arab spring which is still continuing. We have witnessed major public uproar and upheavals in Arab countries such as Yemen, Egypt, and Tunisia. Syria is currently under strife owing to unpopular leadership in place.

As much as the uprisings in the Arab world have led to massive loss of lives and destruction of property (of course against the laws of the affected countries), the entire situation seems to be justified. Perhaps, it might be interesting to highlight the causes of these uprisings.

At a glance, inflation, unemployment (and underemployment), political/religious oppression, lack of political participation, absence of political dissent, and foreign interference are some of the core reasons why civil disobedience is rife in these nations. Surprisingly, some the Arab nations that have gone through violent rebellions are now back to normalcy since the citizens are satisfied with the performance of the new governments.

Sometimes, peace, social and economic stability can hardly prevail in the absence of civil disobedience. However, most of the existing laws and regulations are fundamental and should be obeyed by all citizens (Smith 76).

Works Cited

Behr, Dorothée. “Item Comparability in Cross-National Surveys: Results from Asking Probing Questions in Cross-National Web Surveys about Attitudes Towards Civil Disobedience.” Quality and Quantity 48.1 (2014): 127-148. Print.

Forji, Amin George. “Just Laws Versus Unjust Laws: Asserting the Morality of Civil Disobedience.” Journal of Politics and Law 3.2 (2010): 156-169. Print.

Lewis, Perry. Civil Disobedience: An American Tradition. New Haven, CT: Yale University Press, 2013. Print.

Skinner, David. “Media Organization and Production/Representing Resistance: Media, Civil Disobedience and the Global Justice Movement.” Canadian Journal of Communication 32.1 (2007): 139-142. Print.

Smith, William. “Civil Disobedience and Social Power: Reflections on Habermas.” Contemporary Political Theory 7.1 (2008): 72-89. Print.

Thoreau, Henry David. Civil Disobedience. 1849. Web.

Udeh, Collins. “Rights, Responsibility, Law and Order in 21st Century’s Civil Disobedience.” Journal of Politics and Law 7.2 (2014): 32-40. Print.