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- Explain functional theory of law.
It declares that the distinctive features of law are sought not in its origins and sanctions but in its functions.
Three main functions of the law in society?
-First: +To resolve disputes. +To restore equilibrium in social order. +Legal process of resolution of disputes serves as alternatives to private vengeance.
-Second: +Facilitate and protect voluntary arrangements. +Enabling members of the society to calculate the consequences of their conduct thereby securing and facilitating voluntary transactions and arrangements. +Limited liability company. +Promoted overseas discovery and colonization in the 17th century.
-Third: -To mold and remold the moral and legal conceptions of a society. -To teach people right belief, right feeling, and right action (that is,to mold the moral and legal conceptions and attitudes of a society). +The UN General Assembly adopted the Universal Declaration of Human Rights (UDHR) on December 10, 1948.
- Can positive law theory explain international law? Provide reasons for your answer.
-Can positive theory of law explain -International law: None deviates from the treaties (facts that both understood that the law is legally binding, and that keeping the words is important) similar to the mowing the lawn.
-Ecclesiastical law (canon law).
- Compare and contrast development model I and development model II. How do these models translate into policies?How do these policies translate into laws? What has been the record of successes and failures of development policies since 1945?
-DEVELOPMENT MODEL 1: 4 Basic elements: -Public ordering and state planning of the economy and society. -Reliance on state enterprises as economic actors. -Restriction and regulation of private sector:License Raj. -Limitation and control of the country’s economic relations with the outside world
Public ordering and state planning: Marxist and non-Marxist agreed that economic development could not take place without proper state planning:Third World governments created planning ministries, departments.
Reliance on public sector enterprises:Most countries expanded their public sectors, creating government corporations and public enterprises to carry out all sorts of economic activities.
Restriction and Regulation of the private sector: Pervasiveness of regulations:No economic activity was to be permitted unless the state had specifically approved it.
Restrictions on foreign influence in the economy: Expropriated foreign investments, promoted “import-substitution industries”
-DEVELOPMENT MODEL 2: Model I simply failed to bring about development. The World Bank and the IMF carried out: Elimination of budget deficits, Strict control over monetary supply, Privatization, and Openness to international trade
Also the collapse of the Soviet Union and the Rise of the Asian high-growth states took place.
Reliance on markets was remarkable: -Developing countries called themselves emerging markets. -Abolition of fixed exchange rates and adoption of floating currency exchanges. -Elimination of price control. -Growth of capital markets.
Privatization: -Elimination of state subsidies to inefficient government enterprises. -Reduction of foreign debts. -Rise of emerging market stock exchanges.
Deregulation:All economic activity is permitted unless specifically prohibited
Open economies: Tariffs lowered on average. Import substitution to export orientation. Increased FDI
-The U.N. Has an impressive record of resolving many international conflicts. U.N. Peacekeepers have, since 1945, undertaken over 60 field missions and negotiated 172 peaceful settlements that ended regional conflicts. Right now, peacekeepers are involved in 16 operations around the world trying to save lives and avert wars.
Secretary-general from 1953-1961, said that the “U.N. Was not created to take mankind to heaven, but to save humanity from hell.”The U.N. Has solved many violent conflicts, prevented wars, and saved millions of lives but it also faced disappointments.In 1970, when the Nuclear Non-proliferation Treaty (NPT) was signed by 190 nations, all five superpowers owned nuclear weapons. Later, despite the NPT and Partial Test Ban Treaty, several countries developed nuclear weapons. This revealed the U.N.’s inability to enforce regulations on offending nations. Along similar lines, the U.N.’s International Court of Justice has resolved major international disputes, but the U.N.’s veto powers have limited its effectiveness at critical times. As President Obama has said, the U.N. Is imperfect, but it is also indispensable.