Law

Questions have been raised as to the justification of laws that disallow euthanasia and assisted suicide. Is it not hypocritical that by giving a patient lethal injection, a doctor is found guilty and as having engaged in an unlawful activity while a doctors discontinuation of life support leading to the death of a patient is considered legal as long as heshe does not breach the duty he owes to the patient. It is on this basis that Prof. Glanville suggested that a doctors reason for switching off a life support machine is an omission to struggle and not an act. He continues to state that this omission should not be considered a breach of the doctors duty as the doctor is under no obligation to continue pursuing a hopeless case.

In his book, Emanuel classifies the medical decisions that could eventually lead to death. His categories are based on the ability of the patient to consent, and the physicians intent and action. The categories include voluntary active euthanasia, involuntary active euthanasia, non-voluntary active euthanasia, terminating life sustaining treatment, indirect euthanasia and physician-assisted suicide.

Voluntary active euthanasia
This is the intentional medication administration or even other treatment forms that result to death of the patient. However, for it to be considered voluntary, the patient must have requested and fully consented to the action.

Involuntary active euthanasia
Unlike voluntary active euthanasia, in this case, the drug or other intervention is intentionally administered with the aim of causing a patients death without his explicit request or his fully informed consent.

Non-voluntary active euthanasia
This refers to the Intentionally administration of medications as well as other forms of intervention to cause a patients death under such circumstances that the patient is incompetent or not mentally stable to make such request e.g. a patient in a coma.

Terminating life-sustaining treatments
This refers to cases where medications that are meant to sustain the life of a patient are withdrawn or withheld leading to his death.

Indirect euthanasia
This refers to the administration of narcotics or other forms of medication with the intent of relieving pain knowing quite well that their incidental consequences include respiratory depressions that eventually lead to a patients death.

Physician-assisted suicide
This term is applicable in circumstances where a physician despite having knowledge that patient intends to use his prescription to commit suicide goes ahead and provides the medication
The topic of euthanasia or assisted suicide has thus proved critical and confusing. It is important that both the proponents and the opponents of legislation on this matter understand factual situations that lead to such instances. Lack of facts in matters and circumstances that lead to euthanasia raises the question as to whether the incoherent and morally irrelevant laws have failed to properly address the line that exists between the lawful and unlawful practices that result into intentional killing of patients.

In Europe, Netherlands became the first country to make a landmark legislation that legitimized euthanasia and assisted. While other countries followed suit, UK laws still prohibited euthanasia and assisted suicide in entirety. As per the English law, positive euthanasia is said to have occurred upon intentional administration of treatment to take away life. However, the recent rulings have proved otherwise and many have seen as a direction towards its legitimization.

The high courts decision to allow doctors to switch off the life supporting machine used to sustain Anthony Blands life has been subject to a variety of interpretations. This case has been termed as the leading euthanasia case in the UK. Having been injured in a stadium disaster, he was in a persistent vegetative state for three years before the court allowed for the turning off of the machine.

Another case that elicited legal medical and ethical debate across the UK was the Diane Pretty case. Diane lost cases both in the British Court and the European Court of human rights in 2002. She sought that her husband be permitted to administer her lethal injection morphine that would have ended her suffering. Surprisingly the European court refused to intervene and the UK court condemned the act without looking into the reasons.

Questions then are asked whether subjecting somebody to immense pain through denial of his plea to end his life, is not a violation of his right. The 1948, UN human rights declaration stresses the right to life of humans but then so does it give provisions for other human rights. Could this then be termed as a conflict of law While blanket legislations that allow euthanasia and assisted suicide may be considered as allowing physicians to administer lethal injections to their patients, it is important that legislations distinguish clearly when and how euthanasia can be practiced.

A clear distinction must be drawn between legitimate and illegitimate life ending practices. Laws meant to protect life must not be used to suppress other rights. Religious institutions too must look into the moral values of denying euthanasia rights and consequently let individuals undergo massive suffering or even deny another person life. Most notable has been the Catholics non-flexible stand.

This is enshrined with the churches recent version of catechism which states that
Everyone is responsible for his life before God who has given it to him. It is God who remains the sovereign Master of life. We are obliged to accept life gratefully and preserve it for his honor and the salvation of our souls. We are stewards, not owners, of the life God has entrusted to us. It is not ours to dispose of.

This assertion fails to take note of some grave situations that may warrant the same, take an example of K. Venkatesh in India whose organs would have helped save another persons life given that his was destined to end soon.  For proper legislations that strike a balance between circumstances that call for such an act, a deeper analysis other than the appearance of the words should be effectively conducted.

This paper looks into possible litigations regarding Lolas case including parental right claims, breach of duty, negligence as well as confidentiality and privacy rights.

Surrogacy issues
Surrogate motherhood is an agreement between an adopting couple and an agency or a surrogate mother. Such agreements, whether negotiated privately or done through an agency are considered legal. The surrogacy act fails to provide for legal basis for enforcement of surrogate arrangements. However, HFEA act, 2008 gives provisions under which persons may seek parental orders.
In A v. C 1985 FLR 445, emphasis was placed that in cases where both parties have blood relations to the child, then no sides rights should be regarded as superior to the other. The precision within the childrens rights requires the caught to only consider that childs welfare and no weight should be given to claims for rights of either side. It was envisaged that given both parties were parents as provide for within the HFEA, no side could claim rights based on the same.

Zac and Alexia meet the required condition which allows parentage rights to include circumstances where the gametes of the husband or the wife, or birth are used to enhance the creation of an embryo carried by the surrogate mother. HFEA 2008 stresses that having met the conditions stipulated within the article the applicant should apply for parental rights. On this basis then Zac and Alexia can start the case on a level ground as Lola with equal rights to the child. Given the fact that both sides have blood relation to the child, Alexia and Zac cannot use this to their defense. However, they may seek the intervention of the childs act to consider the welfare of the baby.  They can hold the claim that the child needs to grow within a family environment rather than with a single mother. Financial capability of Lola to take care of the child can also be put to question in comparison to Alexia and Zac. In apparent reference to the childrens act, they can ask the court to consider the childs welfare and also financial stability for proper upbringing. Lolas deceit can be used to her disadvantage in seeking the child custody.

Negligence
For negligence a valid negligence case, several conditions must be met. These include the defendant must have owed the claimant a duty of care e.g. a surgeon to a patient. Secondly the claimant must have broken the duty of care owed and lastly damage deemed worthy of compensation by the law must have been suffered by the claimant as a result of the broken duty of care. Employees have an obligation to take responsibility for irresponsible actions of their employees while at work. Likewise hospitals are liable for its employees negligence acts while at work. Medical negligence thus does not only revolve around a doctor or a nurse involved but the hospital too bears responsibility for such actions. A hospital owes its patients a duty of care by virtue of its position of life preservation. This duty of care extends to its employees too who attend to the patients either directly or indirectly. For instance a doctor owes the patients he is attending to, a duty of care as his failure could result to loss of life. However, skilled personnel have a standard duty of care they owe to their patients. Legally, they are required to meet the minimum set threshold required of their profession and failure to meet this is a failure to observe the expected standard duty of care.

Additionally, it is important to note that every institution must be held liable for the conduct of its employee. Cassidys case presented such a question as to whether the hospital could be held liable for an incompetently performed operation. It was upheld in the ruling that both the hospital and the surgeon were liable. The hospital was found liable as a result of its employees misconduct while the surgeon was liable for failure to meet the standard duty of care he owed to his patients.

In another case too, Hertfordshire health facility as heavily fined based on the courts ruling that as a masters of its employees, it was vicarious liable for the employees negligence. Likewise in Wilsher v Essex Area Health Authority case, the defendant hospital was found negligible for through the action of a junior inexperienced doctor who negligently administered excessive oxygen that resulted to the childs blindness. In Bolam vs. Friern Hospital management committee, the physicians breach of duty of care was weighed based on the required threshold set by the standard regulatory body of the profession.

Causation but for test, concerns the legal tests regarding remoteness, causation and foresee-ability in a negligence tort. It stresses the need for a factual link between a defendant fail to take an appropriate action and the result was a damage sustained by the claimant. The damage must have been reasonably foresee-able if appropriate action not taken. In Barnett v Chelsea  Kensington Hospital Management Committee case it was held that even had the doctor conducted the test little would have been done to save the person who done hence the doctor could not be held liable.

Lola was owed a duty of care by Freeland NHS and likewise a standard duty of care by Dr. Newman. Dr. Newman cannot argue based on his experience, as being a qualified doctor he is expected to work within the set threshold that any qualified doctor should work. By failing to meet this threshold, he has failed in his standard duty of care and is liable for a case of negligence. The hospital on the other hand has failed in its duty of care through its employees negligence and is liable for a fine that may be deemed appropriate to the level of caused on Lola.

Confidentiality
Confidentiality is an important aspect in all spheres of life. The law strictly disallows breach of an individuals confidentiality unless the reasons for such breach can be found within the law. Patients information is supposed to be protected to avoid betrayal of the trust that a patient puts on the doctor.  Article 8 of the European Convention on Human Rights now incorporated in UK law by the Human Rights Act 1998 and the Data Protection Act 1998, stress the legal aspects of confidentiality. The data protection act allow information to be divulged if the patient consents to it, in protection of the interests of the whose consent cannot be obtained or the consent cannot be reasonably obtained yet it is vital for the patients interest, or in instances where the information is passed from one doctor to another both of whom are bound by the same duty of confidentiality. Additionally the police and criminal evidence act, 1984 and Public Health (Control of Disease Act), 1984 and Public Health (Infectious Disease) regulations, 1988 may warrant release of information to prevent crime and for health purposes respectively.

Campbell v Mirror Group Newspapers Ltd case presented a similar case scenario where information regarding Campbells rehabilitation was published in a local daily without her consent. The court, after weighing factors that could warrant such publications, the freedom of expression inclusive held the decision that MGN had breached his confidentiality and appropriately fined the news daily.
Dr Newman and the publishing newspaper have infringed on confidentiality rights of Lola, Zac and Alexia by revealing information that is truly private to their lives and arrangement and hence not intended for the public. Not justifiable position for their actions can be found within the law. Dr. Newton has in the process also breached his expected professional ethics as stipulated within the GMC guidelines. He has thus breached both his professional ethics conduct as well as the privacy owed by him to his patient Lola. Lola can therefore sue Dr. Newton for damages compensation resulting from his breach of privacy and confidentiality as enshrined with the human rights act and the data collection act. The local daily has also breached Alexia, Zac and Lolas privacy rights through their irresponsible use of the freedom of expression thus both the reporter and the local daily can face legal suite form Zac, Alexia and Lola.

In conclusion its important to review the legal claims that may arise from this arrangement.  First, Lola can seek compensation from Freeland NHS resulting from Dr. Newtons negligence. Secondly, Zac can sue Lola for the childs custody and lastly, Zac, Alexia and Lola can sue for damages from the local daily for breach of privacy rights and Dr. Newton for professional misconduct and breach of privacy rights. The success of these litigations depends on the ability to prove that in deed their rights were violated.                                                                

A bank is a financial institution that acts as payment agent to lend or borrow money by the consumers. Banking as a profession employs various types of financial and customers service occupations. Administrative and office support occupations account for about 64 percent of the jobs in banking industry thus making up the largest proportion of jobs.Admnistrative and office professionals include the bank teller, Account clerks and also the customer care representatives.  Management, business and financial occupations account for about 25 percent of the employment in the banking industry. Financial managers, loan counselors, trust officers, securities, commodities and financial services sales agent s are all found in the management, business, and financial occupations in the banking industry.

Other occupations found in the banking industry to maintain records of finance and to ensure the compliance of the bank with the federal and state rules and regulations are the auditors, accountants, lawyers and the computer specialists who are involved in  upgrading and also maintaining banks computer system. To be employed in a banking industry for office and administrative occupation, high school education is the minimum requirement while management, financial and the business occupations usually employ workers with college degree as minimum education. In all the above occupations, customer service skills and good communication are necessary in the banking industry.

There are financial and professional department that protect and promote the lives of the consumers, whereby they license all the professionals. American bankers association is the largest professional association that represents the nations banking industry. This association influences both the federal legislative and the regulatory activities and brings together banks of various types and companies. It also engages in training and consumer education.

Standards of Conduct in Banking Industry
Standards of Conduct in Banking Industry set basic standards to guide the directors, the staff. Standards of conduct promote ethics actions that are fair and fundamental in business practices that are good. Banking industry is an industry that is highly regulated with focused regulators In the United States banks with the Federal Deposit Insurance Corporation (FDIC)-insured deposits are regulated by the FDIC. Fed-member banks are therefore regulated by the Federal Reserve while the national banks are regulated by the Office of the comptroller of the currency.

Financial institutions are reminded by The Federal Deposit Insurance Corporation (FDIC) about all standards that are written to promote ethic conduct and honest. Financial institutions are also reminded to comply with applicable regulations and to stick to corporate ethical codes that are ethics policy. Professional ethics helps to eliminate unfair treatment of others, they also foster accountability, they also help workers to question when they are faced with issues that are ethical. Standards of conduct also help the workers to boldly acknowledge their own mistakes and to learn from the mistakes. Standards of conduct also encourage open discussions in the institutions and improve response to other uncertainties bank.

Financial institution s board of directors ensures that the highest standards are maintained in terms of integrity and ethical values. Maloney and Leduc (2006) points out that the board establishes policies on expected behaviour by establishing expectations that are clear on the prohibited conflicts that are of interest and on the acceptable business practices. The management must ensure that policies are understood and communicated throughout financial institution. Ethical codes addresses the misuse of the co operate opportunities. Ethical codes of conduct also require the highest level of confidentiality and fair dealing within or outside the banking industry.

Ethical Dilemmas Facing Banking Industry
According to Maloney and Leduc, banking industry must provide accurate accounting information and records. The records and accounting information must be reliable and they should be maintained with integrity. Policies prohibit entry of false information and the activities that result due to false entry.

Safeguarding confidential information is an ethical dilemma facing banking industry. Confidential information must only be used for the intended purposes and must not be disclosed and protected from any misuse that could result to theft. Thus financial institutions must have guards and also administrative safeguards for the confidential customer information. Institution ethical codes should prohibit an employer, officer or the director from soliciting for themselves anything that is of value from any one in return for any confidential information or business of the bank.
 
Avoid acceptance of favors and self dealings. Accepting or giving gifts or favors in connection with official duties is avoided as a rule as the favors influence actions and the decisions made.  An employer should also not accept anything that is value from any one in connection with the bank business during transaction period.

Carse points that the Directors, officers and employees are required to be honest and candid when dealing with the attorneys banks independent and internal auditors. Collier (1991) states that in order to minimize fraud honest individuals should be hired and maintained there should also be establishment of cooperate practices and the training programs and the consistent honest individuals should also be rewarded openly.

According to Maloney and Leduc, all the internal procedures that are established by the institution must be observed by the employees, officers and the directors. There should be a strong internal control over the assets.

Conclusion
Ethical codes require the documents to be accurate and timely and the records should be maintained with integrity .Code of ethic must also comply with applicable rules and regulations.  Ethical codes require highest standards and proper ethical procedures when dealing with the conflicts of interest between the personal and professional relationships. Code of ethic requires on to report any illegal behaviour.

Banking is a profession the that according to International Association of Registered Financial consultants, every member that is in banking industry must maintain financial skills in order for then to effectively serve and counsel clients in a society that is advancing very rapidly. The association is convinced that continuing education is very important in an economic and social environment that is changing rapidly. For the knowledge learnt in the classrooms is believed to grow stale if it is not enhanced to continued education commitment. Therefore it is the responsibility of the financial advisors to maintain records that are appropriate and to continue with the education.

In every country, there is a need to ensure that the law and order is maintained. This can only be realized by having a proper judicial system. A proper judicial system should be impartial meaning that it should not favor anyone in the country. To achieve this, it is necessary that this system is under the control of the government as it is the only one that is guaranteed to be impartial if proper ruling is done. There are times when there a lot of disputes that are taking place in a country. Such times are the times that call for the judicial system to intervene and solve the disputes that are there and in case the judicial system does not want to intervene, these should be another body that should. There are other times when these disputes are too big such that it becomes very difficult to deal or to sort them out.

This is something that is likely to take place where most of the countries key economic players are privately owned by individuals. During such times it is necessary that there should be some agreements that are arrived at between these key players. These are agreements that would help the country to move on and solve some business disputes that would arise.

There are chances that when the court system in such a country is privatized, it rarely happens that such a judicial system will remain impartial. This means that it may be very difficult to have justice done on some people especially the less powerful. There is therefore a need for a commercial arbitration introduced in the court system. By this we meant that the policy makers in different organization will come up with some policies and some laws that will be followed when a dispute arises between business organizations. They should not be part of the judicial system.

One of the commercial arbitration rules is that all the parties that are involved are deemed to have all the rules that are constituted concerning their operation in their agreement. These are the rules that are used to help all the key players in such a country to live in harmony and solve their disputes amicably. This means that if the judicial court system of a country is privatized, it may not be in a position to protect all the people in the community and especially those in businesses. It is therefore necessary that a commercial arbitration be included in such judicial system especially where the system of government of the country is not a good democracy.

What this means is that if there are disputes concerning some business organization, they will be solved by private or rather by impartial systems which are not the actual judicial system. These systems are known to comprise of different individuals from all these organizations that are involved. However, the judicial system of such a nation will have the mandate to make some decisions in case the parties involved are not able to solve their disputes amicably.

However, it should be noted that commercial arbitration should only be introduced or rather incorporated in the judicial system if there is a chance of privatizing the whole of the judicial system. This is because it seizes to be under the jurisdiction of the government and therefore it is impossible for individuals to run it smoothly. In case the privatization is partial, there are chances that the judicial system will not be influenced by individual and therefore the decision making process is genuine. In such a case, there is no need of integrating the commercial arbitration into the court system. Even though the court system should be privatized, it should only be fully privatized if the government wants to introduce the commercial arbitration system in the judicial system. The reason is that in case there is partial privatization, some people may still cling to the government side of the judicial system to settle their disputes. This may make the process of settling disputes in the judicial system very difficult and also inefficient.

In case there is no complete privatization, it becomes very difficult to have commercial arbitration. It is therefore necessary to encourage the community or rather entrepreneurs to have commercial arbitration. This is the work of the government and there are some issues or some steps that the government should take to promote commercial arbitration. One of the methods or the steps that the government should take is to encourage people to have commercial arbitration instead of the public court. The government may hire some experts who would hold conferences on the important of arbitration. The government may try to convince entrepreneurs some of the advantages that people will have by using commercial arbitration instead of the public court. Some of the advantages that people will have are the fact that they will be saving a lot of their time and resources. They will be solving their disputes locally and they will only go to the public courts in case they are unable to solve their disputes locally.

Alternatively, the government may require all the business organizations to be members of the commercial arbitration. By this, it means that they will have all the rules that are found in the commercial arbitration. This also means that all the business organization that will be formed or those that will be registered will have to comply with this requirement that is put forwarded by the government. This also means that in case there will be a dispute it will first be handled in the commercial arbitration courts before it is taken to the public court. In addition, it will only be take to the commercial court if the parties that are involved fail to have a solution.

Federal and state lawmakers have been arguing the issues surrounding tort reform for several decades.  Tort law allows someone who feels victimized by a product, service, or neglected at the hands of a business practice to be legally compensated for damages.  Until recently, victims have been able to recover not only putative damages, but they were allowed to recover damages for pain and suffering as well.  Enter politics into the arena.  Both the Republicans and Democrats have taken opposite sides concerning the issue of tort law and the reformation thereof, but it still leaves the victim in the middle.
   
The partisan issue of tort reform leaves Democrats pushing against it full force.  Democrats argue that this reformation leaves individuals out in the cold without any possibility for civil justice to correct the wrongs done to them.  Those against tort reform suggest that the cost of tort law is minimal compared to the flawed figures being posted for public view.  Medical malpractice has been a highly focused issue with regard to this scale of civil modification.  Victims of medical malpractice would disagree wholeheartedly.  Democrats feel that the entire scope of the situation is being navigated away from in order to achieve political gain on behalf of the Republican Party.  Victims of civil injustice are being used as pawns, scapegoats, and stepping stones in order to put more censorship on a victims rights.  A patient who was sexually assaulted by a dentist while sedated in a dental chair is clearly entitled to compensation.  A patient who enters a hospital for knee surgery but comes out with a vasectomy should be entitled to compensation.  A new car owner who is involved in a wreck and is paralyzed from the neck down due to a sticking gas pedal malfunction is legally entitled to be compensated.  Arguably, members of the Republican Party are constantly at odds with other members of the house concerning issues of Medicare and Social Security.  If
tort reform is truly achieved, then the programs of Medicare and Social Security will be overrun with victims of product liabilities and medical malpractice.
   
Members of the Republican Party contend that tort reform is long overdue.  Republicans cite the rise in healthcare insurance and private insurance to be at the fault of the flawed civil justice of tort law.  In legal terms, a tort is a form of personal injury by which the victim of the incident is due an award for damages.  In the past, tort law suggested that the victim had no fault given the incident at hand, but it is now implied that all victims had at least a nominal amount of responsibility in reference to their victimization.  This is preposterous.  Attorneys who practice tort law have been stereotyped as being ambulance chasers, yet on every television there are commercials advertising different law firms who will take any case for free.  Apparently, the monetary gains received from these lawsuits are more lucrative than originally imagined.  The Democratic Party stipulates that the measures being used to reform tort law not only infringe upon an individuals personal rights, but the reform law also is in direct violation of certain constitutional rights.  The First Amendment guarantees all citizens of the United States the freedom of speech.  Within this speech is contained the right to express oneself and to speak out against incidents of wrongdoings done them.  The Ninth Amendment also contents that specific rights shall not be denied or kept from the citizens of the United States.  It would appear that the Republican Party is wishing to rewrite the Bill of Rights in order to make the laws of the land a little more fitting to their personal desires.
   
The legal issue of tort reform is a partisan issue pitting Republicans and Democrats against one another.  The Republicans support tort reform, and the Democrats are completely against it.

The effect that state authorized tort reform has had on its victims is saddening.  Some victims of torts have no way to redeem themselves financially or otherwise without the opportunity for civil
justice.  Constitutional rights are in direct violation with regard to the new reform laws being enforced.  Every citizen has the fundamental right to pursue life, be free, and be happy.  It would seem that the fundamental freedoms once so actively enjoyed in the United States are now censored.  Tort reform is a position of civil unrest that leaves one choosing the lesser of two evils.  It will produce a massive snowball effect that will severely damage the image and integrity of the civil justice legal system.

Law is a hallmark of civilization and is a standard for social development and progress. At the same, times there are a number of perspectives that have been developed about it over the years, some of the conflicting and thus serve as a topic for debate. Much of the debate and interest in the conceptualization of the law stems from its impact to justice systems. According to both Dworking (1986) and Hart (1961) present to distinct schools of thought regarding what is the law and its function in delivery of justice programs. This paper will evaluate the perspective presented by Dworking and Hart, comparing and contrasting them and ultimately determining the value of their arguments and their implication to contemporary views regarding the law as well its application and practice.

Hart (1961) points out the question what is law is one of the oldest object of serious thought evidenced by the literature that has been written since classical times about the essential nature of law. However, he also points out that much of the debate that has developed from perceived paradoxical conflicts in theories because much of them were developed for professional utility and were significantly limited by the contexts that they were developed.  Hart points out that though this was common knowledge, the question of what is law persists because except for clear standard cases based on accepted legal systems, the law is subject to interpretation. He gives the case of primitive law and international law as examples though they represent very different sets of law, because of culture and social variances for the former and the latter due to its lack of legislative foundation.

Utilizing formalism and rule-skepticism, he points out that the law is a tool to establish social control and order in large groups. Typified by legislation and precedence respectively and seemingly contrasting, they both communicate how general standards of conduct are established and applied as law. Harts consensus is that regardless of either device, the law is essentially indeterminate and therefore, the answer to the question of what is will have the same quality. This is not to mean that they law cannot be defined but rather that it also has an open texture.

Dworkings (1986) approach to the question of what is law is to consider its value. He says that because law is the foundation of judicial decision and action, laws are critical in determining social order and regulation. According to him, the conflict arises because of how laws are utilized to determine what are the facts for arbitration what laws are to be applied and that if compensation or punishment is denied, should that be considered as a failure of justice. Dworking suggests that the common perception is that laws can only be either true or false or neither, however the grounds they are built upon is arbitrary and therefore, regardless of whether laws are interpreted in an absolute manner, they have a subjective dimension. This makes theoretical disagreements problematic with the added complication of the clarity what kind of disagreement is in issue. In his discussion of the plain-fact view, the implication is that though lawyers and judges may theoretical debate the law, there is no argument of what it should be, a social device for control and order. This also supports the role of law as a window to the nature and rationale for prevailing social structures.

Hart (1961) says that there is a presumption that the nature of law is founded on common knowledge such as that laws are forbid or enjoin some behaviors under penalty that they establish the rules to rectify or pay damages or compensation that they establish the rules and procedures to create and execute wills, contracts, estates, and other arrangements that give rise to rights and obligations that they are the basis by which courts determine the rules, when they are violated and what the consequences are and that laws are legislations to update previous statutes. The discussion revolves around three recurrent issues How does law differ from and how is it related to orders backed by threats How does legal obligation differ from, and how is it related to moral obligation What rules and to what extent is law and affair of rules. This suggests that disparities in the definition of the law are considered in counterpoint of other social concepts. On the other hand, Dworking (1986) suggest that the consideration of what the law is exists on a theoretical dimension and thus, the law itself can be viewed plainly. Dworkings perspective is prevalent among legal theorists and this should not be surprising since arbitration on the theoretical dimensions of the law is central to their profession. However, this should not imply that Harts perspective is less valid in theory or practice. The difference between the two perspectives can be associated with how they consider the subject Hart considers it in a more philosophical level and Dworking considers it in a more practical level. Thus, though it is not likely the either perspective can be considered fully definitive, they should be both considered in equal measure to be able to develop comprehensive and holistic insights to the question of what the law is.

The simplest way to settle a commercial dispute is through the initiation of dispute between the parties involved or their advisers. Negotiation requires the parties to be objective and have the desire to compromise. In human life, it is very hard to find such elements and this leads to failure when it comes to handling of business disputes. Failure to come to consensus requires the intervention of a third party that has no interest in the case or an expert. The disinterested party is called an arbitrator or mediator in formal intervention or honest broker in informal system of arbitration. The law of arbitration in general terms can be described as the intervention of a third party that has no interest in the dispute to settle a particular claim.

In the Kingdom of Saudi Arabia, the law of arbitration has been significant in settling commercial disputes. This has been applicable for the last two decades and effective results have been achieved in this field. During this period of time, the level of foreign trade in the Kingdom of Saudi Arabia has been very high. This led to adoption of arbitration law as means of resolving commercial disputes between traders. Arbitration law in the Kingdom of Saudi Arabia was not recognized as one of the ways of resolving disputes for a long period of time. The adoption of the law in the past two decades changed the lives of many traders although it was received with a lot of resistance. Today, the growth of trade has seen rise of arbitration law and many traders have acknowledged its importance. Arbitration law in the Kingdom of Saudi Arabia was accompanied by establishment of internally accepted rules and standards that remain to be tangible.

Arbitration law in the recent past, especially involving Emaar properties is a clear demonstration of the rule as is applied to settle domestic commercial disputes. It was also used in enforcement of arbitral awards in Saudi Arabia foreign trade counterparts. The law has been very instrumental in Saudi Arabia to a level that parties involved in any commercial transaction in Saudi Arabia should be guided by provisions of arbitration law. The first Saudi Arabian arbitration regulation was signed in 1983 and the rule to implement it was signed by Council of Ministers Resolution that corresponded to May 1985.

The first article of the law provides that arbitration may be agreed to settle specific disputes that have been in existence. It is also agreed in advance to apply arbitration law in advance that may result due to execution of a particular contract. This therefore means the law of arbitration in the Kingdom of Saudi Arabia can be used to resolve any actual dispute without limitation to commercial issues. Article two of arbitration regulations on the other hand limits the application of such laws to certain matters. The law does not extend to administrative matters, civil status, criminal offences, public issues, and marital disputes, mistakes that are punishable by provisions of Quran and inheritance issues.

Arbitration law was not very much recognized before signing the 1983 act and many traders had a lot of unresolved commercial disputes. After signing the Act, the law was official and could be used in resolving business disputes. To date, the position of arbitration law is far stronger than it was in the past. Many people recognize the importance of the law as has been used by different parties to resolve commercial disputes. Parties engaged in commercial disputes must first agree to use arbitration law in case a dispute happens while in business.

History of Arbitration in KSA
The Kingdom of Saudi Arabia is one of the best known trading centers in the Middle East. Foreign nations consider Saudi Arabia as a country that meets the demands of many western countries concerning investment. The history of arbitration law in KSA is linked to business opportunities of oil and other basic commodities. Being one of the biggest producers of oil, Saudi Arabia found itself in many commercial disputes that could not be handled by Sharia. Arbitration in the Kingdom of Saudi Arabia started from the early days of oil exploration. This went on until 1950 when the government of Saudi Arabia drastically changed its attitude towards arbitration.

Failure of ARAMCO arbitration in 1958 resulted to change in the mode of resolving commercial disputes. Decision in the case made the government of Saudi Arabia to forbid government agencies from arbitration without Council of Ministers approval. This policy was implemented in1963 and it is effective to date.  In 1980, International Convention for Settlement of Investment Disputes (ICSID) was ratified. The arbitration aimed at resolving disputes between states and citizens of another state which was a World Bank provision. However, this arbitration has never received Council of Ministers approval. All these commercial arbitrations were not protected by strong rules until 1983 when the Act was signed. KSA during this time was faced by many commercial disputes and revenues reported from oil business were very low. Lack of clear procedures and the support of judicial systems led to implementation of 1983 act.

Arbitration rules provided by parties in advance were not enforceable and the major challenge was how to enforce awards. The argument of the government to implement arbitration was due to the fact of enforcing rewards particularly outside Saudi Arabia. The government introduced arbitration to resolve problems of trade between Saudi Arabia and other foreign nations. Business communities in Saudi Arabia supported the move of government to implement arbitration because their trade disputes could be resolved easily. The strong support was however, due to the fact of getting rewards in the most compliant manner.

Foreign companies and their legal systems were unhappy about uncertain legal system of arbitration. The official comments of government for implementing 1983 arbitration act were negative. The government was very much categorical about implementation of arbitration act inside and outside Saudi Arabia. The issue of rewards was delicate because many traders were forced to forego their business opportunities at the expense of arbitration act. After implementing the 1983 act, business was promoted to a higher level because disputes could be handled easily. The only background information about implementation of arbitration act is provided in the case of Saudi Arabia versus Arab American Oil Company (Aloufolawfirm.com, n.d). In this case, the arbitral tribunal made an award in favor of Arab American Oil Company. This ruling created bad relationship between foreign traders and Saudi Arabia.

The government of KSA enacted ministerial ruling that protected government agencies from entering arbitration agreement. It provided that any contract made with Saudi government should be under the provisions and guidelines of Saudi Arabian Law. Economic boom and increased levels of foreign investment in the Middle East, especially in Saudi Arabia, have had significance in arbitration law. Arbitration institutions have been established in many parts of Saudi Arabia to resolve business disputes. This can be associated with rapid globalization of world economy and fair international trade. Many Gulf Cooperation Council states have accepted New York Convention of 1958 and this is one example to show how arbitration has had impact on the Kingdom of Saudi Arabia.

The commercial arbitration code of 1985 was based on international trade and the government adopted the law to protect parties involved in business. Before the law was enacted, KSA had many disputes that were created by 1983 arbitration act. The government decided to implement policies that led to establishment of good trade environment. The provisions of the act are guiding principles of trade between Saudi Arabia and foreign countries. Many foreign countries invested in Saudi Arabia and did not want to follow the rules and regulations as were provided by arbitration.
The government had to intervene to salvage the trade affairs between two foreign nations that resulted to creation of conflicts. In any trade affair, there must be dispute due to economic challenges that leads to bargain. Implementation of commercial regulations is the most important element in any business entity. The 1985 act of arbitration had a lot of impact on the Kingdom of Saudi Arabia. The government had to work towards achievement of certain goals of making profits and creating strong relationship between foreign traders and businessmen in the Kingdom of Saudi Arabia. The control of business in any given economic sector is initiated by provision of trade terms that favor both sides. However, some parties take advantage of the underlying situations, resulting to commercial disputes. Arbitration is used to resolve such conflicts and it requires the courage of a third party to intervene in resolving such matters.

The 1985 arbitration act has contributed very much to the success of trade in Middle East, especially Saudi Arabia. The country is best known for its production of oil that creates a good environment for foreign investors. Arbitration provides that any foreigner who engages in trade with members of Saudi Arabia should be ready to work under business laws of KSA. Some of the trade partners think that these laws are not friendly thus they call for further implementation and any other form of action should be considered to favor them.

Arbitration act of 1985 is reciprocity to reservations that applied in New York Convention that represented a significant arbitral awards made in any business conflict. The accession of this law is a significant development in the application of arbitration laws. The act basically deals with business awards that relate to foreign commercial trade affairs.  A foreign award should be ratified by an authority that is mandated to enforce foreign judgments. The procedure involves passing the petition to the authorities that review the awards and then call the parties involved to make representation orally. Enforcement of such laws is very difficult and it requires the implementation of Sharia law. The board of grievances may refuse to foreign arbitration awards because it is considered to be against public policy. The provisions of the board such as an arbitrator should be male have made it hard for some groups to get represented thus making it difficult to implement arbitration.

The provision of arbitration between 1983 and 1985 should be made viable so as to reflect the common interests of people involved in trade affairs. One of the major changes in arbitration is representation of marginalized groups like females to act as arbitrators.  This is one area of improvement in arbitration and it resulted to resolution of commercial disputes. Another area of improvement is having business contract to be governed by Saudi Arabia laws. This is very important because it protects the people of Saudi Arabia from exploitation by foreign investors. Failing to have strong rules means dumping of substances that are illegal due to many investors in the region. For instance, drug trafficking in many parts of Saudi Arabia was controlled due to enforcement of strong laws. Every foreigner who has invested in KSA should be in a position to follow provisions of arbitration laws.

Arbitrators have no interest in the dispute they resolve and this calls for accuracy and commitment so as to come up with good ruling. The arbitration act in KSA had no place in the past but for the last two decades many traders can testify that it is a good way of resolving commercial disputes. Implementation of the act has led to its success. The official argument of the 1983 act can be based on information as is provided by business newsletters as well as in newspapers. The same applies to 1985 act that has seen improvement in trade between Kingdom of Saudi Arabia and foreign countries to date. The background information about arbitration act in 1983 and 1985 can be traced via different internet sites and newspapers.

In jail, corruption is exemplified in several instances. The woman in charge of the women prison is corrupt and takes bribes from the prisoners and supplies them with stuff like cigarettes and other things. While in jail, Roxie learns about Velmas lawyer Billy, and she decides to use him to get her off the accusations and thus get out of jail. Billy was said to be the bets criminal lawyer in Chicago at that time, and he had never lost a court case for her women clients. This implies that the lawyer Billy must have been corrupting in the court so as to win cases.  Another instance of corruption is seen when Roxie and her lawyer Billy, manage to manipulate the press through bribe and makes the press to change Roxies identity portraying her as a wonderful and talented person. Convincing the press to portray Roxie as a celebrity shows irregularities in the criminal justice system as well as the media industry at that time. The popularity given to her by the press made her a celebrity in the jail of Cook County, a phenomena that Velma did not like.

Corruption is again indicated when Roxie seduces a doctor to lie to the public and to the criminal justice system that the woman was pregnant. Roxie was thus able to get out of rivalry and therefore meet with lawyer Billy and began to strategize on how to win the murder case in court. Roxie and her lawyer Billy used her star power that she had convinced the public to have through the support of the media, which they seem to have corrupted. On the other hand, she had convinced the court and the CRJ that she was pregnant and therefore she won a vote of sympathy because of the unborn child through her.

Her court trial was a media spectacle due to the sensational reports that had been circulated by the media concerning her conditions. This was a trick used by her lawyer Billy. The case went the Roxies way with the help of her lawyer Billy and therefore she was proclaimed innocent. Corruption in the criminal justice system portrays itself in many instances from the police to the court and other systems. The prison wardens are corrupt and they help inmates to get illegal things in the jails. These instances of corruption happen even in todays systems due to poor payment to the police force and bad cultures of impunity practiced in those systems. The doctor is seduced by Roxie and due to his love for money he agrees and testifies false information to the court thus jeopardizing the administration of justice in court. In this case we see the existence of corruption in the correction system. This type of corruption is still present in todays criminal justice systems due to peoples love for money and bad culture of injustice practised in the modern society.

Billy was said to be the best criminal lawyer at that time. He is said to have never lost a case especially for his female clients. For Billy to have lost no case means that he had a good relationship with the judges besides his other tricks. He most probably created the relationship by corrupting the judges or the other stakeholders involved in court cases. This is exemplified when Roxie wins the case in spite have killed her secret lover.  In todays administration of criminal justice also there are renowned lawyers who hardly loose cases even when their clients are vividly on the wrong. These lawyers are known to the judges through their corrupt systems. When they win cases through corruption, they became famous and win a lot of clients thus making a lot of money. This shows corruption in the court part of criminal justice system.

The evils of money are taking root in the modern society and this pose as the main source of corruption. In the video, the police who in most cases serve as jail wardens in the modern society portray corruption by allowing inmates to acquire illicit drugs and to be released from their cells without proper prior scrutiny of the matter. The case of pregnancy is just but a sample of other excuses that inmates use to get their freedom such as mental disorders and other faked illnesses. The courts have portrayed corruption by being swayed into the favor of the rich and the affluent in the society. Money buys justice in the modern society Just like the protagonist in the film who got scot-free with the murder in the film, there are many people today who should be behind the bars, but they walk with us in the streets of freedom. In terms of corruption, the media has played a major role in broadcasting lies to the public. This is common where the government has control of the media and there is no media freedom. The affluent influences the media to quench their greedy desires they make the media paint them in good pictures while in the real sense they are wolves in sheep skins.

These incidences of corruption has developed and worse in the 21st century as the criminal justice has fallen short of achieving justice in running their errands. The CRJ is all collaborating in making justice unachievable. What would one do if the most top in CRJ approves one innocent Even when one knows where the truth about the case is, money talks louder. Its no longer about who is right and wrong rather who is richer, who has power and who controls the CRJ. This situation is not to change any soon unless the CRJ resolves to stand by ethics and truth. To serve a jail term in the modern society does not necessarily mean you are guilty its because you could not get a good and an influential lawyer to pilot your case.

The video under study was not just for fun in watching but as a reflection of what the modern society has become. It portrays the evils of the criminal justice system in many parts of the world today. It triggers anger in the hearts of the justice lovers and it is a challenge to provoke the CRJ to incorporate ethics and act with respect to the truth and in line with the justice the CRJ was formed for and to serve in the interest of the majority and not for the few rich personas in the society.