HSC 3020 Week 5 Assignment 2 Evolution of Laws
HSC 3020 Week 5 Assignment 2 Evolution of Laws
There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force.
Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality, occurred prior to their adoption by political authorities. Voluntary forms of governance through customary private laws preexisted state law and effectively ordered human affairs. Law arose as a spontaneous order – something to be discovered rather than enacted. Law is an evolutionary systemic process involving the experiences of a vast number of people.
Law as a natural outcome of society
The idea of law includes fundamental rules of behavior, as well as institutions and devices for changing, clarifying, refining, and applying the rules. Law is a natural outcome of people living and working together. If people are to live among others, there must be a way to resolve the inevitable disputes. Law can be seen as the activity of subjecting human conduct to the governance of rules.
The evolution of law began before history was recorded with laws built up one by one as disputes were settled. In fact, the development of rules in society predates both courts and the written law. For thousands of years, customary and private legal systems alone ordered human activities. The power of customary law is found in the fact that it is reflected in the conduct of people toward one another. The further a society moves away from customary and private law systems, the greater the need for laws coercively enforced by the state.
The law is essentially discovered, not made. Law is a systemic discovery process involving the historical experiences of successive generations. Law reflects and embodies the experiences of all men who have ever lived.
Customary law involves spontaneously evolved rules emerging through dispute adjudication. Customary law provides a rather reliable process for discovering the natural law, since a spontaneously evolved and voluntarily followed custom is more likely to result in mutual advantages to the involved parties than a rule imposed by a powerful group. Natural law is the immutable standard to which manmade laws must correspond in order to be legitimate. Natural law is the general body of rules of right conduct and justice common to all men. Analogously, a common law system in which law arises via judicial precedent is better than a system in which courts and judges merely apply positive laws enacted by a legislative body.
Discussion Questions (DQ)
• Initial responses to the DQ should address all components of the questions asked, include a minimum of one scholarly source, and be at least 250 words.
• Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source.
• One or two sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words.
• I encourage you to incorporate the readings from the week (as applicable) into your responses.
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Weekly Participation
• Your initial responses to the mandatory DQ do not count toward participation and are graded separately.
• In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies.
• Participation posts do not require a scholarly source/citation (unless you cite someone else’s work).
• Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week.
APA Format and Writing Quality
• Familiarize yourself with APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required).
• Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation.
• I highly recommend using the APA Publication Manual, 6th edition.
Use of Direct Quotes
• I discourage overutilization of direct quotes in DQs and assignments at the Masters’ level and deduct points accordingly.
• As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content.
• It is best to paraphrase content and cite your source.
LopesWrite Policy
• For assignments that need to be submitted to LopesWrite, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me.
• Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes.
• Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own?
• Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for tips on improving your paper and SI score.
Late Policy
• The university’s policy on late assignments is 10% penalty PER DAY LATE. This also applies to late DQ replies.
• Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances.
• If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect.
• I do not accept assignments that are two or more weeks late unless we have worked out an extension.
• As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.
Communication
• Communication is so very important. There are multiple ways to communicate with me:
o Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class.
o Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours.