In present world there are many communities that are passing their lives under inhuman laws in third world countries as well as in developing countries. Pakistan is also a country which in passing through the stages of development. The article regards an inhuman law which is applicable to the tribal people of FATA.
FATA stands for federally administrative tribal areas. On the boarder of Afghanistan and Pakistan there living Pukhtoon tribes in hilly areas which have lack of social development. There population is about fifty lakes now a day. According to the Constitution of Pakistan, article 247, Pakistani law is not applicable to the tribal built and FCR should be applicable to these areas.
As we discussed that FCR stands for frontier crimes regulation. Originally it is a British law which had applied to control the tribal people during colonial government. It has 64 articles and most of them are against basic human rights while government of Pakistan says that these are according to the cultural set up of tribal people
Some main points of FCR are as bellow that is against basic human rights.
According to the article 40 of FCR if any tribal commits any crime his whole tribe will be responsible for his wrong act and government can arrest any person of his tribe. So it is clear that it is against human rights because every person is responsible for his/her wrong act another concept is that in tribal culture if a person commit crime only his family supports him rather than his whole tribe so as Anthropological point of view FCR should be amend that tribal responsibility should be changed to family responsibility and government can arrest his other family members and not his other tribal.
Another point is that if any murder case happened near one’s home that person will be responsible for murder. It is clear that each government is responsible for the safety of all citizens and no citizen is responsible for the safety of other citizens so why should a government arrest a person for a not committed crime.
According to FCR tribal people have no right of appeal to any court in the country. They can solve their disputes under the authority of political administration of Pakistani government. So it is also against human rights because why a person can not go to court for his/her rights.
Another and last reason for the wrongness of FCR is that FATA is under the control of Pakistani government than why there is different law for people of one country.
We can suggest that Pakistani government should amend FCR in the context of present culture of tribal people and universal human rights.
Aftab Ahmad Mallagori
Khyber Agency
By: aftab ahmad khan mallagori
FCR: An Inhuman Law
Tips To Write Custom Law Essay
Custom Law Essays require a certain style and format if they are to be written effectively.
In a Law school essay, you need to present your reasons to admissions officers tactfully. You need to keep in mind that admission officers tend to receive essays with sentences that don’t really help applicants and are far too familiar. If you have to write a Law school essay on the theme ‘Why I Want to be a Lawyer’, you need to provide solid reasons for you wanting to pursue becoming a lawyer. You can’t just say that you want to become a lawyer.
The first thing is to clarify the subject matter so that you identify the area of law that is being addressed. Sometimes this will be obvious as when the question asks about the differences between an offer and an invitation to treat which will direct you towards the law of Contract. However, sometimes the question is more obscure and this requires more effort in determining what the subject matter is and might involve looking at more than one area of the law. If a question asks about the terror laws, then this may well span human rights and constitutional law too.
This is absolutely vital when answering a question. Often the essay will ask you to evaluate something; reflect on something; write a critique; discuss a particular statement; reflect on a judge’s particular statement in a case, or discuss the impact of a case on an area of law. If a question asks you to compare more than one thing, then you must identify the similarities and differences between them, and ideally reach a conclusion as to which one you think is preferable. If a question asks you to discuss something then you must study and comment on it from all viewpoints, and reach your own conclusion.
The structure of the essay is extremely important. If a custom essays exceeds 10,000 words, a contents page and chapter headings should be included and, even in shorter essays, it might be appropriate to set out chapter headings. Chapters are relevant where the answer straddles a wide area of law and addresses several areas. Chapters help focus both the writer and the reader on what is being discussed and maintain focus. One major criticism of law custom essay writing is that they drift from the main topic and angle that they are meant to address, and the thread and point are lost. Another criticism is that the writer tends to just list the legislation and discuss the topic without containing any incisive opinions of the writer. An introduction and conclusion should be included.
Make sure that your sources are current; this is vital because quite often questions are written which are impacted by recent changes or even proposed changes in the law. So a question on Control Orders should be looked at in the light of the proposed increase in detention periods and the impact on human rights.
The correct referencing should be used consistently throughout. It is vital to give credit when quoting someone else; otherwise the essay may be plagiarized. It is never acceptable to cut and paste from the internet. Neither should you copy directly from a book unless you give the appropriate credit. Copying huge sections, even if credit is given, will not be looked upon favorably. The examiner will be looking for the writer’s comments and own views and opinions, based on a sound interpretation of the law and thorough research. The examiner will be looking to see that the writer has researched several resources. References to case law must be relevant and illustrative. Remember to include a full bibliography.
By: fred holt
Sovereignty and Human Rights
SOVEREIGNTY AND HUMAN RIGHTS
Rafael Augusto De Conti[1]
www.rafaeldeconti.pro.br
Even in a globalized world, is not difficult to check the necessity of the sovereignty’s concept. The application of the criminal law and the sovereign power of expulsion of individuals who enters illegally into the borders of a State show this necessity.
However, the applicability of the sovereign concept shall be seen in a perspective not absolute because the own source of the concept. And is possible to see this since the concept was structured by Bodin and Hobbes, what happened only after the long maturation of disputes between the secular power and temporal power in the Middle Ages.
The sovereign power is established, basically, to protect individuals, residing its source in this protection. Thus, your use needs to respect the human rights, and not matter if they are thought by the rational aspect or the historical aspect.
With regard to the rational aspect, we can say that the relation between the natural law (essential to ensure what we called human rights) and the civil law is of mutualism, i.e., one law depends of the other law to enforce its purpose.
For example, if by one side, the judge only applies a civil law effectively when does in a fair way between the litigation parts, being this way of application of the civil law a commandment dictated by our reason, by the other side, the necessity of any person has a impartial trial only can be, in fact, satisfied by a civil law established and guaranteed by a sovereign power.
Already in relation to the historical aspect, the situation of stateless people at the beginning of the twentieth century shows us that it is impossible to guarantee human rights (envisioned by the rationalist view or by the view of historical assertion view) without guaranteeing the right of citizenship.
Based on these dialectic concepts between human rights and sovereignty, it is reasonable to conclude that who take decisions based on the sovereign power is strictly prohibited to not taking into consideration the human rights, failing which, at worst, can not require compliance with its decision, not permitting, in this way, the own use of sovereignty. RDC. October, 2008.
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[1] Bachelor in Philosophy by the Philosophy Department of University of São Paulo (USP) and Bachelor in Law by the Law School of Mackenzie University (Mackenzie). Lawyer in São Paulo, acting, principally, in Brazilian Corporate and Finance Law. Researcher at USP (Master Degree) in Ethical and Political Philosophy, with emphasis in Sovereignty and Humans Rights Theories (October, 2008);
Bacharel em Filosofia pelo Departamento de Filosofia da Universidade de São Paulo (USP) e Bacharel em Direito pela Faculdade de Direito da Universidade Mackenzie (Mackenzie). Advogado em São Paulo, atuando, principalmente, em Direito Brasileiro Societário e Financeiro. Pesquisador da USP (Mestrado) em Ética e Filosofia Política, com ênfase em Teorias da Soberania e Direitos Humanos (outubro, 2008).
SOBERANIA E DIREITOS HUMANOS
Mesmo em um mundo globalizado, não é difícil verificar a necessidade do conceito de soberania. A aplicação da lei penal e o poder soberano de expulsão de indivíduos que adentram ilegalmente as fronteiras de um Estado evidenciam tal necessidade.
No entanto, a aplicabilidade do conceito de soberania deve ser vislumbrada de modo relativo em face da própria fonte do conceito. E isto é possível apreender desde que tal conceito foi estruturado por Bodin e Hobbes, o que só se deu após a longa maturação das disputas entre o poder secular e o poder temporal na Idade Média.
O poder soberano é instituído, basicamente, para proteger indivíduos, residindo nesta proteção a sua fonte. Deste modo, o seu uso deve se assentar no respeito aos direitos humanos, sejam estes pensados sob seu aspecto racional ou histórico.
No que diz respeito ao aspecto racional, podemos dizer que a relação entre lei natural (imprescindível para garantir o que denominados de direitos humanos) e lei civil é de mutualismo, ou seja, que uma lei depende da outra para fazer cumprir sua finalidade.
Por exemplo, se, por um lado, o juiz só aplica uma lei civil eficazmente quando o faz de modo equânime entre as partes litigantes, sendo tal modo de aplicação da lei civil um mandamento ditado por nossa razão, por outro lado, a necessidade de toda e qualquer pessoa ter um julgamento imparcial só pode ser de fato satisfeita por uma lei civil instituída e garantida por um poder soberano.
Já em relação ao aspecto histórico, a situação dos apátridas no início do século XX nos indica que é impossível garantir os direitos humanos (sendo estes vislumbrados pela óptica racionalista ou de sua afirmação histórica) sem se garantir o direito de cidadania.
Partindo-se destas noções dialéticas entre direitos humanos e soberania, é razoável concluir que aquele que toma decisões pautado no poder soberano está terminantemente proibido de não levar em consideração os direitos humanos, sob pena de, no limite, não poder exigir o cumprimento de sua decisão, inviabilizando, assim, o próprio uso da soberania. RDC. Outubro, 2008.
By: Rafael Augusto De Conti