The law and the family

Here, we will look at how the law sees the family a special institution; how some legal systems treat married couples and their children differently from the unmarried; the process of divorce; custody of and responsibility for children; and protection from violence in the home. Finally, we will consider the rights of successions to the property of family member when they die.

Beyond the mere function of providing a new generation of children, the family is often promoted for its moral contribution to society. Despite a growing labor shortage, the Japanese government has passed very little legislation challenging the assumption that mothers should stay at home rather than go out to work. In Ireland, which is strongly influenced by the doctrines of the Catholic Church, divorce remains illegal.

In some societies the family is thought to be so important that there is very little legal intervention in family life. In many Islamic countries, for example, fathers, brothers and sons are allowed considerable authority over the females in their family. As late as the 1970s, the male head of the household in Switzerland was deemed to represent the interests of everyone within that household and, consequently, none of the women could vote in national elections. But in many parts of the world, the law now promotes the rights of individuals within the family unit, and regulates family relations through legislation. Raised from the taxes of the working population as a whole, child benefit is paid directly to the mother, and retirement pensions are paid to grandparents, so that they are less dependent upon financial support from a family member. In Sweden, parents can be prosecuted for physically punishing their children and children have a limited capacity to divorce their parents. In Britain, as in many countries, there are special family courts with very strong powers to control and transfer private property in the interests of children. Much of the work of other courts is also directly relevant to family life.

Defenses

A defendant may avoid guilt if he can show he has a defense – a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For example English law systems allow the defense of duress-being forced to commit a crime because of threats. Duress may be used as a defense for a secondary party (helping the murderer).

Another defense is that of insanity. In most country a person cannot be found guilty of a crime if in doctor’s opinion he cannot have been responsible for his actions because of mental illness. But this defense requires careful proof. If it is proven the defendant will not be sent to a prison but instead to a mental hospital.

It might be argued that a person is not responsible for his actions if he is intoxicated-drunk or under the influence of drugs. In fact an intoxicated person may not even know what he is doing. However in Britain and many countries there is a general principle that people who purposely get themselves intoxicated must be responsible for their acts. consequently intoxication is not a defense.

Nearly every system of law recognizes the defense of self-defense. England law a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was to protect himself.

The concept of defense should not be harsh. If a person has a defense the court finds him not guilty. It is only after being found guilty that a defendant may try to mitigate his crimes by explaining the specific circumstances at the time of the crime.

Human rights

Everybody knows that many of rights of citizens are considered human rights. For example a constitutional right is one which a state guarantees to its own citizens and sometimes even to foreigners who are within its jurisdiction. Still a question comes: What are human rights Not everyone agrees that being born a human being entitled someone to certain freedoms and certain treatment. And those who agree have different opinions as to what these rights are. A human rights is one to which people all over the world are entitled whatever their nationality and wherever they live.

Most of the law in the world is made by governments for their own people. But human rights are independent of any political divisions. They are basic minimum standards of freedom and security for all people. When governments do not meet these standards they are criticized by their own citizens and even by foreign governments. Sometimes some countries impose economic sanction against those countries where human rights are violated. For example many countries have limited trade to South Africa BECAUSE of the policy of apartheid.

As a rule, human rights are violated when governments violate their own constitution and very often their policies make citizens to escape to another countries. But legally, most countries of the world have signed international agreements concerning the treatments of individuals. the most important agreement is the Universal Declaration of human rights(UDHR) adopted by UN General Assembly in 1948.Article 1 of UHDR declares that all human beings are born free and equal in dignity and rights, and article 2 states that it does jot depend upon race, color, sex, language, religion or any other difference among people.

Political System of Great Britain

The United Kingdom of Great Britain and Northern Ireland is a constitutional monarchy. It means that the sovereign reigns but does not rule.

Britain does not have a written constitution, but a set of laws.

Parliament is the most important authority in Britain. Technically Parliament is made up of three parts: the Monarch, the House of Lords; and the House of Commons. In reality the House of Commons is the only one of the three which has true power.

The monarch serves formally as head of state. But the monarch is expected to be politically neutral and should not make political decisions.

The present sovereign is Queen Elizabeth II. She was crowned in Westminster Abbey in 1953.

The House of Commons consists of Members of Parliament. There are 650 of them in the House of Commons. They are elected by secret ballot. General elections are held every five years. The country is divided into 650 constituencies. All citizens, aged 18 and registered in a constituency, have the right to vote. But voting is not compulsory in Britain. Only persons convicted of corrupt and certain mentally ill patients don't take part in voting.

There are few political parties in Britain thanks to the British electoral system. The main ones are: the Conservative Party, the Labour Party and the Liberal / Social Democratic Alliance.

Each political party puts up one candidate for each constituency. The one who wins the most votes is elected MP for that area.

The party which wins the most seats in Parliament forms the Government. Its leader becomes the Prime Minister. His first job is to choose his Cabinet. The Prime Minister usually takes policy decisions with the agreement of the Cabinet.

The functions of the House of Commons are legislation and scrutiny of government activities. The House of Commons is presided over by the Speaker. The Speaker is appointed by the Government.

The House of Lords comprises about 1,200 peers. It is presided by the Lord Chancellor. The House of Lords has no real power. It acts rather as an advisory council.

It's in the House of Commons that new bills are introduced and debated. If the majority of the members are in favour of a bill, it goes to the House of Lords to be debated. The House of Lords has the right to reject a new bill twice.

But after two rejections they are obliged to accept it. And finally a bill goes to the monarch to be signed. Only then it becomes law.

Parliament is responsible for British national policy. Local governments are responsible for organizing of education, police and many others.

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