The Justice System

Abstract

In today’s era, the only changes that occur in our major legal system and the traditional legal system that being practiced are the principles of each system. The civil law and the common law, which plays as the most significant key in the derivation of our law today, does not differentiate much of the older versions. These codes of law are used in our national and international system to prevent many occurrences of national and transnational crimes. The government, together with the advocacy of non-governmental organizations and institutions, established coordination and collaboration and have fought well to diminish such crimes and establish developmental strategies to promote peace and prosperity to all individuals.

The Justice System

The law embodies the study of nation’s development through many centuries, and it cannot be dealth with as if it can contain only the axioms and corollaries of book of mathematics (Holmes. 1923, p.1).  This belief of Oliver Wendell Holmes Jr. has proven to be true because the customs, beliefs, and principles of our law that are used before changes from time to time and from country to country but the rules still remain. The legal preceding of the civil law that covers the public and private law which typically contrasted with the common law (“Civil Law,” n.d.-), and the common law, where its activities associated with moral reasoning; still embodies our laws today. Though its behaviors were redefine by the context of each law, mainly to provide fair justice to every group or individual, the jurisdiction in the civil law, the religious law, and the traditional or common law still plays as our major legal system today.  These laws are visible in our domestic, foreign, military and economical policies that had shaped our interstate or national relationship and the international system.

Domestic Policy In pursuance to have fair education, sufficient health care, housing, welfare, fair justice, federalism, transportation, environmental, labor and veteran’s affair within our country, the principles of the civil law and the common law, with its code as a blueprint, were applied and embodies our domestic policy. Evidently, our laws were derived from the civil and common law principles and associated with the religious law to ensure freedom, equality and fair justice among citizens. And the changes in its principles, the amendments that took place are the necessary precautions to comply the needs of our current society whom adopted the changes as well. And even if the morality of our laws nature were compromise; like for example in marriage where naturally only two opposite sex are allowed but some states such as

California, Massachusetts, Canada and Michigan allowed same sex marriage and others duly recognize that doctrine; the fact still remains that our laws primary objective is to provide freedom, equality and justice to all. The only constant in our major legal system are the courts that hear the criminal, constitutional, and administrative laws; and the court that hears that laws that are not criminal in nature.

Military Policy The military policy that had been applied to meet the desired peace and security within our country were more humane compared to what the civil and common law used to be. The undeniable presences of the religious law clearly reflects the principles of our military law whose functions focused on countering terrorisms, promoting regional security, regulating our defense, and providing military assistance. The principles of the military law soften and made our governance govern justly and democratically. These laws were evidently visible in our daily lives despite the conflict that the human rights law inflicted to the system.

 Economic Policy Our economic policies are also derived from the civil and common law perspectives. The law in free trade, agricultural production, employment regulations, purchasing power, and others; that provides commodity demands to individuals or group in the society depends entirely on how our major legal system implemented and how its principles changes to meet our demands. These laws cover the economical statue of our country and the economical espionage that may rise.

Foreign Policy The positive output of the domestic, military and economical policies within our country evidently reflects in our economical, spiritual, political, and social relationship to other countries. What our interstate fails to achieve or successfully

reached as an outcome shape our foreign policy. Being one of the major legal systems that actively visible today, the vitality of its function and the implementation of its law played a significant role not only to our system but also to the international system.  Like for instance, when the United States dollars decline in the market currencies, when the housing slumps, and when the oil and non oil commodity soars, this economic downturn imbalance the global system. The other major currencies were affected as well as other countries.

            The codes of law that are intended as a blueprint of social regulation that attempts to guide individuals through society from birth to death (“Common Law,” n.d.), also serves as the law of the world. These laws were harshly violated by some groups and individuals that threaten our transnational system. These violations which are considered as transnational crimes (whether economical, political, military or social in nature) affect’s our transnational system. Such crimes are as follows:

Terrorism The incident of bombing in Islamad, Pakistan that occur last March 11, 2008 (“Al-Queda,” 2008), the cell phone bomb that kills 2 in the Philippine airbase (“Cell phone Bomb,” 2008), and the 2003 9/11 attack are the act of terrorism that allegedly committed by the Al-Queda terrorist are examples of the transnational crimes that not only affected the host country where each attacks occur but also the transnational system as well.  This is the kind of transnational crime brought physical, economical and spiritual devastation not only to out international system but also to our national

system. Their activities threaten our domestic and foreign policy as well as to other countries. Stronger military defense and implementation of military coercion must be persuading by any governance to diminish this crime and to protect the welfare of the country and our international interdependencies.

Drug Trafficking Countries like Afghanistan, The Bahamas, Brazil, Burma and others which belongs to the list that had been reported as major-transit or major elicit drug-producing countries (R. Longley, 2004 ) in the world are the same countries that had been allegedly drug trafficking. Drug trafficking threatens our transnational systems because drug- related crimes might facilitate corruptions to government officials that might decrease the morality of its governance. The drug-money will possibly increase the power of terrorism and the drugs itself creates problems to the society.

Human Trafficking Involuntary servitude and commercial sexual servitude are the typical reasons of why men, women, and children are being recruited or obtain through the use of force, fraud and coercion. This dilemma that occurs in several countries, like Afghanistan and Belgium and many more which are reportedly the source, transit and destination for human traffickers; threatens both interstate or national governance and international system. Children are exploited, women are sexually commercialized and men are forced to render their servitude. This modern-day slavery that reaches thousands each year according to U. S. Department State brought vulnerability as it violates the human rights to those people. Though are had been many laws that are imposed to seize this transnational crime, only few countries had manage to overcome this dilemma.

Cybercrime There is unconventional war being waged on the internet. The globalization of the world economy with the sophisticated new technologies created a new category

of transnational crime. This category knows no boundaries and is fought from home to offices and from small town to big countries. Individual can take advantage of international financial networks to launder money, can use the network for drug trafficking, prostitutions, and can spread viruses to governmental networks that will imperil the national, and international system.

            The transnational crimes mentioned along with contraband smuggling, extortion, money laundering, bribery, economic espionage, and counterfeiting are the kinds of crimes that affect our transnational system. Though some of the transnational crimes were committed within their own country but its impact affected other countries as well due to the interdependency concepts in our international system. This means that whatever burden that one country will encounter will also be a burden to others.  And because of this threat in transnational system, a number of transnational activities are being employed by many governments, non-governmental organizations and other institutions to prevent the spread of such negative impact, to develop strategies for developing each country, and to ensure peace and prosperity among nations. Examples of such activities are as follows:

ASEAN Summit The Association of Southeast Asian Nations (ASEAN) summit that tackles all the internal and global issues does contribute in our country’s development. The achievement that this summit garners out of exerted coordination and collaboration among its member strengthen every governance goal for the welfare of the country.

Human Rights Advocacy Human rights are the reason of the existence of civil, common, and religious law. This activity clearly emphasized justice to all people. But its advocacy also helps in preventing terrorism and other crimes (whether it involves violence and physical harm or does not require guns to cause major damages), because of the individual rights awareness.

International Security and Nonproliferation (ISN) This bureau along with the massive efforts of the U. S. Governments that managing broad range nonproliferation, counterproliferation and arms control functions to prevent the spread of weapons of mass destruction (nuclear, chemical, and biological weapons) and their delivery system ( ), were the best solution in my view to fight terrorism. The coordination that every participating country endures ensures seizure of broad chaos within and outside our country.

Walk for Hunger There had been many aspects that contributed global hunger issues. The shortage of commodity supplies that are being shoulder by most governance nowadays is the product of various transnational crimes committed by many selfish individual. It is quite true that the number of people that requires commodities are greater than the supply of the commodities but this crisis should have not affect a huge impact if non of those crimes are committed.

            These are only few examples of the many transnational activities existed today.  The environmental, economical, political and social transnational activities that performed by many participating countries together with the national and international non-governmental organizations were visible to most countries. The advocacies of these activities established coordination and collaborations from different countries.

References

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