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Law

Why Do We Need Laws

Why do we need laws? The law controls social relations and behavior To satisfy our basic needs and to exploit the full potential of human existence, people have always sought to live in company or society with others, the basis of this existence, by its very nature, must involve social interaction. To ensure the society functions effectively and survives it is necessary to establish norms of acceptable behavior. The state may impose sanctions or punishments on those who fail to comply with these rules.
Although these norms are generally accepted by members of the society and are included in the legal order, social interaction will inevitably lead to disputes because of conflicting interests of individuals and groups. It is difficult for groups of individuals to live in perfect harmony. The objective of any legal system will be providing answers to everyday problems that arise. The solutions to such problems must accord with the objectives that are judged by the community to be socially desirable. The law tells people what they must do or refrain from doing.
Without laws, there would be no code of what is acceptable behavior, without laws, anarchy and chaos would occur society. The law protects individuals and their rights The main focus of the law is to protect the rights of individuals in society. In order to feel safe and secure whether at home or in wider community laws are needed to protect our rights. If a crime is committed against a person, the police will investigate and the offender will be prosecuted through the courts and receive a punishment.

Under civil law, if an individual’s rights have been infringed the courts may provide compensation to the individual for the damage they have suffered. The law reflects community values Each society has a set of values and beliefs that are important to the individuals of that society. Laws are needed to protect the values of the community and to reflect the society’s beliefs of what is acceptable and unacceptable. To most societies, an important value is the importance of human life; as a result any actions that harm of interfere with the quality of human life would be against the law.
As society changes, it is important that the law also changes to reflect changing values and attitudes in the community. However, there are areas of the law where there are conflicting values within the community some examples include voluntary euthanasia, human cloning and same sex marriages. There has been recent controversial discussions concerning the banning of smoking in private residences due to the impact of smoking on children and pets who share a house with smokers. The law protects society Laws are needed to protect society as a whole from the prospect of danger, harm and fear.
Laws ensure society’s safety. The provision of imprisonment under the criminal law protects society by removing the offender from the community for a designated period of time. Penalties imposed by the courts can act as a deterrent to the wider community in that the consequences of committing a criminal offence are widely known and people will refrain from committing offences in the future, resulting in the protection of society. Homework: Revise the reasons we read laws Read the media clip p12 and answer questions 1,2,3,4,5

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Law

Cybercrime Law

Cybercrime Law: Is Now the Right Time for It? Issues about a certain bill, which was passed by our President Aquino, have grown since before the its implementation. This became a mainstream issue on the cyberworld and other media. Some were happy about the law’s provisions, but others, mostly, disagreed with its rules. The law’s called the Cybercrime Prevention Law which was proposed by Senator Tito Sotto, who was accused of plagiarism in two of his recent speeches. This law has a bright side, but it’s not enough to cover its ugly side. We have a right to freely say what we want, but with limitations. Freedom is not absolute.
We must still be conscious on what we’re saying, or even posting on our Facebook walls. In the cyberworld, freedom is welcomed– playing, watching, reading, commenting, liking, sharing and even buying, what we want. Internet has been a jar of our hidden personalities. An individual’s attitude is changing when entering the cyberworld. And because of that, many became abusive of that freedom and use it to harm other people. This led the government to pass a law concerning the said emerging cyberproblem. The cybercrime law has many obvious disadvantages for netizens– almost all Filipinos are netizens. This law envisions a safe internet world.
In line with that, the law contains very heavy punishments for the “abusive” netizens. The problem with that is the way the law considers an internet action abusive. Even liking a libelous content is counted as an abusive action? That’s ridiculous! Many would say that it’s for the safety of the Filipino people, but didn’t they think that it’s a way of depriving a democratic country of its freedom to express thoughts. That’s totally ironic. I’m not saying that that the deprives Filipinos of the freedom of speech totally, but mostly. That’s because Filipinos usually became more brave to express their thoughts on the internet.

The law is a threat to proper justice. The law says that you can be imprisoned for almost 12 years if you are caught red handed on doing something in the internet that is abusive, but if you raped an innocent person, you’ll just be jailed for 3 years! That’s not right. Another thing , the law will be using 50 million pesos a year to successfully implement it, but don’t they know that more hungry stomachs need that amount? Surely, this will be an issue on the proper allocation of our national budget. Lastly, the Philippines has more alarming problems that should be thought first than the cybercrime.
Shortage of food and water, poor shelter programs, overpopulation, growing unemployment and underemployment rate, and global warming are just some them. Why don’t they focus on those things? Cybercrime is a very controversial issue with the government this time, but they haven’t solved yet non-cyber crimes in the Philippines which are more life damaging. It’s funny that the government is keeping on acting that they can handle complex and new issues, even though they can’t manage to solve the common ones. The government and our country need to grow more before we go to that “cyber” matter.

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Law

The Law with Teens and Nude Photos

Composition 101 October 18, 2012 In Dahlia Lithwick’s article “Teens, Nude Photos and the Law”, she talks about how teen boys and girls are sending nude pictures to their boyfriends or girlfriends. They use their mobile devices like cell phones, ipod, computers and their cameras to send their nude image. She then addresses the consequences of the nude photo that the teenager has received. The teenager that received the photo can be charged with a felony of child pornography. The author then discusses why the teenager should not be treated harshly.
She states that many of the teenagers are still immature and they don’t know the consequences of sending nude photos to each other. In her article she argues that the criminal justice system is taking it too far in charging the teenagers as child pornographers. I agree with the author because there is a real problem with criminalizing sexting as a form of child pornography. The teenagers caught with the photo will be charged with child pornography. Child pornography is a serious offence and can stay forever on your lifetime record and mess up your life.
The majorities of the teenagers that are charged with the crime are not even predators, but a picture like has big consequences if it’s ever to get out on the internet. In my first argument, Dahlia Lithwick states that the teenagers are being punished to harshly. (Lithwick 492) She is right the charges against them are too severe. They can stay on their record for a long time or even forever. If the teenager would go look for a job and they were to pull up his records and they find that he has a child pornography offence, they won’t want to hire him.

Who would want to hire a person who takes images of kids? It is a serious offence too people all over the world, but its a big charge just for a teen. Especially if that teen is a boy and receives a random photo on his cell phone and it’s a nude photo of his girlfriend and she is drunk. It’s not his fault that she is drunk. She is a drunk and underage girl. Teens don’t know any better. Many, well most of the teenagers are all still immature. Many think that being 18,17,16,15 they think they are grown when they really are not.
Most all the teenagers don’t know fully what’s right from wrong. There mind is not fully developed and when something goes wrong the kids that think that there grown, go straight to their parents for help. That’s why they have grown parents to help them in life. That’s why all the judges that prosecuted the teens as child pornographers can’t forget that they were too once teenagers. The people that make up the criminal justice system can’t forget that they once too did stupid things when they were little.
At least once they of had to receive on photo of their girlfriend or boyfriend nude. Many of the times the kids do it for fun. They think its being sexy. The kids these days are not the same as the kids from a long time ago. We have so much technology now, that it help us communicate better with people and not be able to do those things. Dahlia, in her article states “We seem to forget that kids can be as tech-savvy as Bill Gates but as gullible as Bambi. ” (Lithwick 493). She is right, teenagers now a days are tech smart. They know how to handle a phone better than our parents.
What teenagers don’t realize when taking bad images is that there putting themselves in a bad situations. There can be digital dating violence. They can use those images and put them on profiles like face book. Recently there was a page on face book of girls that are nude. The girls that were put out there were very upset and they wanted the site shut down. They were mad at the creator who made the site but it not his fault it’s the girls who took the images and gave it out. The site was out for a while and a lot of people got to see it.
Right after pretty much the whole world saw it they finally took it down. Now the girls that were seen on the image are now marked for life or for a long time. People that know her will remember that she was in a bad photo. That’s when the teens realize that they did wrong but many still don’t learns there lesson. They are still going to be doing it because of relationship pressure. Most girls are the ones that are getting taken advantage off. The criminal justice system should change the way they label children as child pornographers.
They are just making things worse. They need to find a way a better way to help solve the problem. Labeling children with these names are not going to help it stop. They need to show proof that its actually killing and hurting people emotionally. There have been many accounts of teens being depressed because of a bad photo. The system needs to stand up and help out the ones who are victims of these situations. They need to label the right people with these labels because teens are not dangerous. The older people can be charged as hild pornographers because they are grown and they know of what they are doing. Those are the only ones they should be charged. Over all, Dahlia Lithwick has a point, teens all over are being charged with child pornography for sending and receiving nude photos of their girlfriends. The police said that by sending nude photos girls can put them selves at risk and that has serious consequences so they put a severe consequence on them. They shouldn’t label them at a young age just for a nude photo, there teens, they can be immature.

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Law

Thai Labour Law on Employment Termination

“If the parties have not fixed the duration of the contract either party can terminate it by giving notice at or before any time of payment to take effect at the following time of payment. But no more than three-month notice need be given. ?”The employer can, on giving such notice, immediately dispense with the services of the employee by paying him his remuneration up to the expiration of the notice” Section 17, paragraph two – of the Labour Protection Act: Where the employment contract is of no specific duration, the employer or the employee may terminate the employment contract by giving an advance notice in writing to the other party on or before the date fixed for a payment of wages so that the termination of the employment contract takes effect on the date fixed for the next succeeding payment of wages, provided that the advance notice need not be of a period exceeding three months. Compensation for Termination of Employment: Upon terminating an employee, the employer is required to pay compensation to the employee whose amount depends on the length of the employee’s service towards the employer. Periods of employmentAmounts of severance payment An employee who has consecutively completed 120 days, but less than one (1) year, of work:a payment of not less than 30 days of his or her last wages, or, in the case of an employee who works on a piecemeal basis, not less than the wages of his or her last 30 days of work.
Before the termination of an employment is to take effect, the employer needs to notify his employee in writing on or prior to a wage payment date so that the termination takes effect on the succeeding wage payment date. However, the period of an advance notice need not be more than three (3) months. Unfair Termination 5. 1 Section 49 – Act on the Establishment of the Labour Court and Labour Procedure, B. E. 2522 (A. D. 1979) Besides the payment of severance pay, an employer may be ordered by the labour court, upon the employee’s request to t pursuant to Section 49, either to reinstate the dismissed employee or to pay damages to him or her if it is found that the dismissal is unfair Section 49 provides: “In the trial of a case of dismissal of an employee by an employer, if the labour court is of the opinion that such a dismissal is not fair to the employee, the labour court may order the employer to accept the said employee to work at the rate of wage payable at the time of dismissal.
If the labour court is of the opinion that the employer and the employee cannot work together any longer, the labour court shall fix the amount of damages as compensation to be paid by the employer by taking into consideration the age of the employee, the length of employment of the employee, the hardship of the employee at the time of dismissal, cause of the dismissal and the compensation to which the employee is entitled. ” Thai Supreme Court Judgment No. 574/2526 An employee had committed 11 counts of wrongdoings some of which warranted a dismissal by the employer and denied the wrongdoer necessary protection under the labour law. The employer did not dismiss the employee in question by reason of the wrongdoing, but elected to impose a lighter disciplinary action against him. Subsequently, the employer decided to dismiss the employee after he failed to report to work for one day.

Apparently, the dismissal was also made in reliance on the employee’s previous wrongdoings. The court held the dismissal as an unfair termination of employment because the employer was believed to have no intention in penalising (i. e. dismissing) the employee at the times the past wrongdoings occurred. Therefore, the employer could no longer rely on the past wrongdoings to dismiss the employee again. Summary of What Constitutes an Unfair Termination.
In addition, on the basis of court judgments, an unfair termination of employment may be summarised to include (i) a dismissal without cause, or with cause but such cause is unreasonable, or (ii) it is not to such an extent as to warrant a dismissal, or (iii) it lies outside a company’s work rules or an employment contract, or (iv) a dismissal in which an alleged offence of an employee cannot be proved or in which an employee has committed no offence, or (v) a dismissal which is intended to harass or persecute an employee.

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Law

Law unit

Consultation- this is your first stage where you have to get different opinions from other people about what they think about the law that you want to introduce. You can do this by creating a survey, questionnaire, asking people face to face etc. If you get you get positive or negative feedback then you can go through to the next stage which is the green paper.
Green paper- this is the second stage, where you produce your draft and its being hacked to see if it’s suitable enough to be presented to the Members of Parliament White paper- when your bill becomes a white paper it means that it Is suitable to be presented to the public and the members of parliament. You’ll then go to the next stage which is the first reading. First reading- this is when all the members of the parliament and the public get together in a court and you present your bill to all of them. Second reading- this can be days after your first reading.
In the second reading you’ll o In to more detail explaining why you want your bill to be officially made a law. You’ll list both the disadvantages and the advantages of the bill. Committee- after your second reading the committee will get together and discuss your bill. They will be located in a room where they have privacy and are able to discuss without any Interference. 1 OFF including the members of parliament and the public and you. The committee will give back feedback to what they think about your bill. Third reading- throughout the presentation your bill might be changed a few times.

This is where you present your bill for last and final time. The last vote is taken here, that decide whether your bill is officially a law. Other house (depending where it started of – this is where your bill gets send to the other house depending where it started off. Royal assent- When both houses agree on the bill you’ve presented and its then sends off to the queen so that can give a royal assent to make your bill and official law. Public and private bills: Private bills- are laws that are passed and only affect a few individuals or reparations.
They don’t affect the whole community that’s why they are known as Private Bills. Private members Bill- These can be sponsored by individual MSP. When presenting a Private Bill all members of the Parliament get together. Normally there will be about 20 members of parliament. They all take turns presenting a Bill to the Parliament. There is a time limit for present a Private Bill. The debate takes place on Fridays so that other members of the Parliament get the chance to present the selected Bill.
Public bills- this is laws that are passed and affects the whole country or partly of it. Majority of the Government bills. Fall under: Reform Act 2005, the Legal Service Reform Act 2007 and the Coroners and Justice Act 2009. Doctrine of Parliamentary Supremacy- the Parliament is only allowed to pass laws that can be changed in the future by Parliaments. No other body can overrule the Parliament. The Parliament is known as the I-J constitution. It can make or end a law. It’s seen as the highest supreme legal authority.