COMPARATIVE LEGAL SYSTEMS( Coursework) Essay Example | Topics and Well Written Essays - 2500 words

COMPARATIVE LEGAL SYSTEMS( Coursework) - Essay Example By adopting the French and Italian model, Guatemala has successfully designed its judicial system. The judicial reform has brought about segmentation as because often the civil laws in Guatemala have different interpretations. The fact that, the laws are based on different legal philosophies, account for this problem. On the whole, adoption of new reform has proved to be effective for controlling administration of the State. Adoption of French civil law: Guatemala. The French were the first to adopt new regulations about sodomy. Under the new regulations, criminal charges that were till then associated with sodomy were removed. This initiative was first of its kind in Western Europe, during the eighteenth century. This legal measure was later on adopted by numerous nations like Netherlands, Guatemala, Mexico, Luxemburg, Japan, Switzerland, Greece, Thailand, etc. Laws pertaining to sodomy were adopted by Guatemala in 1871, as a measure to acknowledge natural sexual orientation in huma n beings. Thus, the French legal norms adopted by Guatemala decriminalize sexual acts- both heterogeneous and homogenous. It was a measure taken by Guatemalan government to decrease serious physical assaults. For quite some time, Guatemala has been troubled by increasing rate of hate crimes. Gays, lesbians, and transsexuals are the usual victims of hate crimes. Often the crimes committed are too violent in nature. Due to all these, it was necessary for Guatemala to adopt a specific code of law for this issue. The French civil laws were most appropriate for this issue. After adopting the French civil lows, Guatemalan government has ensured that its citizens do not face any discrimination based on their sexuality2. The French civil laws were adopted by Guatemala with an objective to simply issues regarding oral case, role of judges, responsibilities and liberty of prosecutors, and also about investigation and evidentiary arguments. Introduction of French civil laws has helped to contr ol crimes, for Guatemala has been experiencing crimes due high poverty and social inequalities. Slow economic progress is yet another reason for Guatemala having such a high crime rate. Moreover, the French civil laws have helped in controlling crime scenario. At the same time, it has also simplified Guatemala’s private laws. Also, the French laws have shaped by Guatemala’s commercial scenario. Thus, it could be said that France had numerous implications in Guatemala’s penal structure3. Difference between application of French civil law in France and Guatemala The civil laws were adopted by Guatemala differ in application in France and Guatemala. According to the French civil law, crimes of individual were viewed keeping in mind the relationship shared by the individual charged with criminal offences and his or her society. Due to this, French governments insists more on investigation procedure, thus making the while legal procedure a lengthy one. Also, French c ivil laws consider and accept every single provision, through which the accused could defend itself. The laws also hold any individual guilty only after his guilt is proven in the court of law. The French civil laws also support abolition of torture. This implies that the neither the accused nor the criminals could be subjected to cruelty and barbarism under any situation4 In France, the prisoners are even allowed to vote. Also they are not made to work or they have to attend any educational

Report 1 Essay Example | Topics and Well Written Essays - 1000 words

Report 1 - Essay Example The image of an organization can be negatively affected by a dress code that does not mirror seriousness. The Canadian Workplace All workers in Canada have a right to dress according to their tastes so long as their preferences do not collide with workplace stipulations (Krahn, Hughes, & Lowe, 2010). Sometimes, there are rules created by corporations about what is appropriate that infringe on the workers’ personal rights. For example, there are companies that do not approve of workers with tattoos, dreadlocks, beards, and facial rings. The rules of such corporations can be rendered irrelevant by court rulings, though this is not always what happens when the workers of such corporations sue them. Business owners and corporate directors in such cases are usually required to provide evidence that justifies the existence of such rules. Sometimes, employers provide valid reasons that result in courts upholding their rules on the appropriate dress codes. For example, manufacturing p lants that have a lot of machinery have a right to require that their workers remove all facial jewelry because it might get caught in the machines and seriously injure them. Since some employers are the creators of their own companies, they have a right to determine whether their workers should wear uniforms or dress in regular clothes. The only issue that employees can complain about are those to do with decency. For example, bar owners have no right to force their waiters and waitresses to dress in skimpy outfits that make them uncomfortable. If a worker sues his or her employer for being dismissed after refusing to wear skimpy clothes, a court can make the decision that the dismissal was unnecessary if it is established that the employer’s preferred dress code for workers was unreasonable. Moreover, there are sporadic cases where bar owners who have such dress codes have been allowed to dismiss workers who refuse to don skimpy outfits. In such cases, the bar owners proved in court that they had included information in previous work notices that informed potential workers about the type of work, as well as workplace uniform, that they would have to wear when working. In most cases where Canadian companies have dress codes that do not require that workers don indecent clothing, however, courts usually side with the employers. This is because the dress codes in such cases are usually enforced to prevent accidents in the workplace. For example, safety boots and gloves protect against accidents in the workplace. Employers have the right to implement dress codes when seeking to protect their workers so long as they explain their reasons for this to their employees. In some workplaces in Canada, workers are expected to dress in uniforms. Nurses, restaurant workers, and police officers are an example of workers who regularly don uniforms when at work. Their uniforms identify them to the public and enforce consistency in the labourforce. For nurses, their un iforms do not only identify them to the public, but also serve to protect their patients from catching any germs from the nurses who work with different patients all through the day. For restaurant workers, donning hair coverings is a way of stopping hair strands from falling into the food they serve to the customers.