Tuesday, February 18, 2020

Can we apply Hobbes argument about the state of nature to Essay

Can we apply Hobbes argument about the state of nature to international relations - Essay Example In this regard, the state of nature considers men to be in a competition with each other for resources that include food, for example. As a result, they tend to distrust and fear one another thus instigating a pre-emptive attack due to the quest to maximise their own interests at the expense of other people. On the other hand, difference, emanates from the desire for natural equality and the fear factor that eventually leads to war. On this note, the state of nature suggests that, the alternative option for removing the contributory factors to conflict is to embrace the state by surrendering sovereignty to the Leviathan in order to enjoy security and order. According to Hobbes, the international sphere exists in a form of the state of nature (1985, p.37). This paper explores whether Hobbes argument about the state of nature can apply to international relations. While international relations emphasises a peaceful co-existence between sovereign states, the Hobbesian view focuses on the defensive character of states. This makes it difficult to apply the Hobbesian argument in international relations because; it discards the moral principles that guide the relations among states. Hobbes advances five conditions for the state of nature that includes equality, competition, and the existence of two types of people, non- universal egoism and uncertainty. With regard to equality, Hobbesian view reiterates that people possess almost equal mental and physical capabilities. As a result, those regarded as weak also have enough power either mental or physical to destroy the strongest. The competition caused by scarcity of resources also creates a situation where everyone grapples for the same unlimited resources. The Hobbesian view further associates the scarce resource with power since not everyone can amass power. In this sense, power is often a preserve for a few individuals in the society who tend to maximise it for their own self-interest (Hampton, 1987,

Monday, February 3, 2020

IRAC Method Essay Example | Topics and Well Written Essays - 1000 words

IRAC Method - Essay Example Moreover, the method distinguishes the relevant laws that are used by the court with facts and justifies effective resolution (California State University, n.d.). Therefore, the paper intends to briefly discuss about the case of Reid v. Covert through analyzing an effective IRAC method. The discussion of the report will be highly focused on demonstrating the overall scenario including the problem, relevant commandments concerning the case as well as final outcomes of the court. Background of the Case (Reid v. Covert) The case of Reid v Covert (354 U.S. 1) can be considered as one of the major milestone cases addressed by the Supreme Court of the United States. The case had been conducted during the year of 1955 against Mrs. Clarice Covert for killing her sergeant husband in the military base. During the case of Mrs. Covert concerning her suspected offense, a jurisdiction agreement had been observed to be present between the United States and the United Kingdom which further authorize d the military court of the US to take adequate jurisdiction right over the crime conducted in the UK military base by servicemen of the US or by their dependents (Cornell University Law School, n.d.). IRAC Method Assessment Issue The case of Reid v. Covert can be observed as a major decisive case adjudicated by the US Supreme Court which incorporated principle constitutional issues. The case was documented in No. 701, October Term, 1955 in which Mrs. Covert had been convicted for killing her husband who was a sergeant in the US Air Force. The incident had taken place at an airbase located in the United Kingdom. According to the case, it has been observed that Mrs. Covert was not a part of the armed services and she was live in the military base with her husband during the incident period. Moreover, the trial related to the issue was conducted based on the charges selected by the personnel of the Air Force. The major issue that emerged from the case was regarding a clash between the Constitution of a country and an enacted treaty. Raise of constitutional issue was the major concern within the case. The issue raised a question regarding the role played by the military under the governmental system. The issue also raised the Bill of Rights related concern. In this case, for the first time, after the implementation of the Constitution, wives of any soldier had been deprived of trial prior to a court-martial (Cornell University Law School, n.d.). Rule With regard to the case of Reid v. Covert, it has been recognized that the rule of law applied was Article 118 under the Uniform Code of Military Justice (UCMJ). With reference to this article, court-martial took place which comprised officers of the Air Force. Through the court martial under the Article 2 (11) of UCMJ rule was affirmed over Mrs. Covert. Any treaty or provision agreed upon by the US comes under consideration of the article and are regarded as rule enacted beneath international law. Moreover, all indi viduals employed by or serving with or accompanying the military forces devoid of the continental periphery of the US are also considered. The other rules of law relate to the verdict provided regarding case by Air Force Board of Review, 16 CMR 465, which was reversed by the verdict presented by the Court of Military Appeals. Furthermore, with regard to the case Fifth as well as Sixth Amendments of the Constitution were of significance (Cornell University Law School, n.d.). Analysis It can be analyzed with the regard to the case that the counsel in authority for Mrs. Covert argued that she was in an insane state of physical condition while she murdered her husband. However, the military tribunal deemed