What Is a Bailiff

A bailiff is a legal officer who has the authority or jurisdiction to act as an overseer or manager in some capacity.  Lets see where the term bailiff originated from and what responsibilities being a bailiff can entail. Bailiffs in Medieval England The term bailiff derives from medieval England. During that time period in England, there were 2 types of bailiff. A bailiff of the hundred court was appointed by the sheriff. The responsibilities of these bailiffs included assisting judges at assizes, acting as process servers and executors of writs, assembling juries and collecting fines in court. This type of bailiff evolved into the court officials you may already be familiar with in the U.K. and U.S. today. The second type of bailiff in medieval England was a bailiff of the manor, who was selected by the lord of the manor. These bailiffs would oversee the lands and buildings of the manor, collecting fines and rents and acting as accountants. The bailiff was the lords representative and was usually an outsider, that is, not from the village. What About Bailli? Bailiffs are also known as bailli. This is because the English bailiffs counterpart in medieval France was known as bailli. Bailli had considerably more authority, acting as the principal agents of the king from the 13th to the 15th century. They served as administrators, military organizers, financial agents and court officials. Over time, the office lost many of its duties and most of its privileges. Eventually, the bailli became little more than a figurehead. Besides in France, the bailiff position historically existed in the courts of Flanders, Zealand, the Netherlands, and Hainault. Modern Usage In modern times, the bailiff is a government position that exists in the United Kingdom, Ireland, Canada, the United States, the Netherlands, and Malta. In the United Kingdom, there are many different kinds of bailiffs. There are magistrates bailiffs, county court bailiffs, water bailiffs, farm bailiffs, Epping Forest bailiffs, high bailiffs and jury bailiffs. In Canada, bailiffs have a responsibility  when it comes to legal process. Meaning, in accordance with court judgments, a bailiffs duties can include the service of legal documents, repossession, eviction and arrest warrants.   In the United States, the bailiff is not typically an official title, though this depends on each state. Rather, it is a colloquial term used to refer to a court officer. More official titles for this position would be sheriff deputies, marshals, law clerks, corrections officer or constables.   In the Netherlands, the bailiff is a term used in the title of the president or honorary members of the Knights Hospitaller. In Malta, the title of bailiff is used to bestow honor on select senior knights.

The Capacity Of Two Theories - 2525 Words

Critically evaluate the capacity of two theories to explain violent crimes. There are many theories throughout the history of criminology that have been formulated, developed, criticised and commended. These theories were established in an effort to illuminate the real motives behind the criminal actions of individuals and groups. In addition, they are intended at creating responsible reactions to effectively deal with past offenders. Furthermore, they also aim to decrease the rate of offences in the future. The capacity of Positivism and Strain Theory to explain crimes, particularly those of violent nature, has been of debate over many decades. Biological Positivism and the General Strain Theory are of key importance in regards to society’s endeavour to understand crime, however, it can be noted as each theory is discussed respectively that there are many implications and issues that arise from their foundational concepts. The strengths and weaknesses of these theories’ capacity to explain violent crime will be analysed and criticised usi ng evidence drawn from case studies, journal articles, official statistics, and media reports. Biological theories sought to determine a biological defect inside individuals that caused a predisposition towards criminal behaviour. For instance, the notion that antisocial and aggressive behaviour is influenced by genetics is strongly supported through research based on twin studies, adoption studies, twins reared apart and molecularShow MoreRelatedDescribe and Discuss One or More Explanations of Divided Attention997 Words   |  4 Pagesattention between two or more tasks. The focused attention models explain how all our inputs are focused on one task at any one time, however it is clear from looking at everyday life that we are able to divide our attention, successfully being able to complete more than one task at the same time. 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Impact of Mediation on Legal Education

Question: Discuss about the Impact of Mediation on Legal Education. Answer: Introduction: There are a number of methods that can be used for resolving the dispute arising between the parties. Traditionally, the disputes have been resolved with the help of litigation. Therefore when the method of litigation has been adopted, a party takes recourse to legal action. Under this method, the party produces the arguments related with the law that applies to the facts of a particular case. These arguments are heard by the court and a judgment is delivered by the judge after reading these arguments (Catherine, 1999). As a method of resolving the dispute between the parties, the main feature that is present in case of litigation is that the courts have the purpose of applying public policy and similarly, they also want to ensure the strict adherence of law (Henry and Marriott, 1993). The result is that in case of litigation, less flexibility is available to the judges as compared to other methods of settling disputes out of the court. At this point it is also worth mentioning that there are certain advantages and disadvantages that are associated with litigation, as a method of resolving disputes (Astor and Chinkin, 2002). For example in this case, a class action is going to be brought by a law firm, against What Bank because according to the firm, exorbitant bank fees have been charged from the customers. In this way, there are around 8000 plaintiffs in this case. But What Bank is not willing to settle this dispute as the bank believes that it has a very strong defense available to it. Moreover, the bank is not much worried about the adverse publicity that it will have to face due to the lawsuit. Therefore, the only option left with the law firm is to bring a class action lawsuit against What Bank and adopt the method of litigation. Another method that is available in this case is to resolve the dispute with the help of arbitration. But in order to adopt the method of arbitration, it is necessary that What Bank should be ready to resolve the dispute with the help of this method. Arbitration can also be described as the formal process to resolve the disputes (Bryce, 2007). In case of arbitration, the provisions of Arbitration Act are applicable. When the process of arbitration has been adopted by the parties, the parties to the dispute refer the dispute to a third person. This person is called the arbitrator. Under this method, the arbitrator has to decide the suit according to the principles of natural justice (Raymond and Georgalis, 2003). The procedure of arbitration can vary, depending on the complexity of the issue and also the size of the dispute. But as in this case, What Bank is not ready to settle the dispute in any way, the law firm only has the option to use the method of litigation. In order to deal with the present scenario, the two methods that can be used to resolve the dispute are that of arbitration and expert determination. In case of the process of arbitration, a formal process is adopted for resolving the dispute. According to this process, the parties refer the dispute to a third, independent person. Such person is called the arbitrator (Michael, 2007). Although the parties may decide to change the process of arbitration, depending on the complexity of the subject matter of the dispute but in all the cases, it is necessary to follow the natural justice principles (Legg and Boniface, 2010). The outcome of this process is known as an award. The arbitration award is enforceable in the same way as a judgment delivered by the court can be enforced. The other process that can be used in this case by the parties to resolve the dispute is that of expert determination. In case of this process, the parties can adopt a flexible process. In expert determination, the third-party independent expert deals with the dispute. In this case, the parties agree in advance to be bound by the decision given by such outside expert. Commonly, it has been seen that the method of expert determination is particularly effective in dealing with the cases where the subject matter of the dispute is a technical nature or very complex. Both the processes of arbitration and expert determination have their own advantages as well as disadvantages. Therefore, in case of arbitration, the process is not as costly as litigation and it allows the parties to resolve the dispute quickly as against arbitration (Kenneth, 1999). However it is worth mentioning that the statutory rules are applicable in case of the process of arbitration and the parties are required to follow these rules. On the other hand, flexibility and confidentiality are the two main features of the process of expert determination. Another advantage that is available in case of arbitration is that the dispute can be resolved at a lesser cost and moreover, the arbitrator provides an enforceable determination to the parties. References Astor H and Chinkin C, 2002, Dispute Resolution in Australia, Lexis Nexis Butterworths, Australia, 76 96 Bryce M., 2007 ADR Education from a Litigator/Educator Perspective, 81 St. Johns Law Review 1 Catherine, M. 1999, Moulding of Lawyers: ADR and Legal Education, 17 Windsor Yearbook of Access to Justice 271 Henry B. and Marriott, A., 1993, ADR Principles and Practices, London, Sweet and Maxwell, 273 Kenneth, A. 1999 Impact of Mediation on Legal Education and on the Profession, 17 Windsor Yearbook of Access to Justice 256 Legg M and Boniface, D. (2010) Pre-action Protocols in Australia 20 Journal of Judicial Administration 39, 54 Michael, B. 2007, ADR Education from a Litigator/Educator Perspective, 81 St. Johns Law Review 1 Raymond T and Georgalis, S 2003 Dispute resolution in the changing shadow of the law: a study of parties views on the conciliation process in federal anti-discrimination law , 6(2) ADR Bulletin at 33.

Societal Structural Order and Change

Social structures keep changing day in and day out and there exist not one but many contending sociological theories that attempt to clarify why individual and societal lives exist as they are and why they keep changing. Sociological theory has continuously developed with time from classical to contemporary sociology with the recently evolved theories capable of dealing with today’s relevant societal matters.Advertising We will write a custom essay sample on Societal Structural Order and Change specifically for you for only $16.05 $11/page Learn More Some of the hypotheses can be traced back to the ideas of classical theorists as Durkheim. Though slightly superannuated, his works have not ceased containing significant theories that when expounded upon relates to the ever changing contemporary society. As a matter of fact, contemporary theory is filled with the developed ideas of outstanding classical theories. According to the perspectives of some social theories, which mainly center on societal transformations, various critical arguments have emerged. Society is viewed as an organization through which every interconnected component fits together to make a whole. Society functions as a unit basing on norms and values, satisfactory behavior as well as social ties. The purpose of social structures and institutions within the society, the connection between these structures, and the way in which they restrain the activities of persons within the society is well defined by the social order. With the emerging changes, individuals have tended to stray away from the customary rules that govern their behavior thus creating some sort of deviance in the society. Therefore, things that had once been unacceptable, or considered aberrant, are now part of cultural norms. In order to understand the society, this essay aims to look at the societal order and changes that take place within the society and how they are manifested in the works of some famous sociologists; Durkheim, Parsons and Merton.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Structuralism is a thought established in the hypothesis that human behavior is structured by the societal environs. These structures shape human behavior. With the assistance of his student, Robert Merton, Talcott Parsons came up with the idea of structural functionalism during the 1950s. This, he developed basing on the sociological theory of Durkheim, a French sociologist, who is truly regarded a founder of the present day sociology. Durkheim and Parsons both considered the individuals within the society as inactive players in the continually varying societal structures (Parsons, 2011, pp. 51-53). In his book, The Division of Labor in Society, Durkheim dwells upon the specialization in labor as a function of the process that contributed to solidarity and social density in the society. H e examines how social order is kept within the various societies. He views the division of labor in the traditional society as different from that of the modern society. He argues that conventional societies were ‘mechanical’ and were joined by the fact that everybody was somewhat equal and thence had mutual things. He continues to debate that, in conventional societies collective consciousness completely colligates the personal consciousness; societal rules are firm and social doings are substantially controlled. In modern societies, the extreme complexity of the division of labor results in ‘organic’ solidarity. Various differentiations in work and social functions create dependences that tie individuals to each other since individuals could no more depend on meeting all of their requirements on their own (Durkheim, 2005, pp. 105-107). This theory however, presented a problem; it collectively combined the contradictory issues of the economy and social org anization which would lead to social disintegration and not solidarity. In an effort to resolve this, Parsons came up with economic and social stratification systems thus enabling each system to conduct its own issues separately and consequently moving toward its own structured demands and objectives.Advertising We will write a custom essay sample on Societal Structural Order and Change specifically for you for only $16.05 $11/page Learn More In his Sex Roles in the American Kinship System, parsons explains that during the medieval times families acted as the foundation for social organizations and functions. This, he argues, has changed with the development of the division of labor in the passage to the present times which is characterized by several chores and functions previously performed by the family; social segregations have occurred. As industrial and business enterprises flourished, production progressively took place beyond the family into an economy. Additionally, some social functions were freed from the household and relocated to institutions of education. Parsons states that this separation of roles is important as it enhanced specialization such that separate social structures and positions became responsible for executing certain roles. This differentiation also meant that tasks could be better executed (Parsons, 2011, pp. 52-53). This is what Durkheim referred to as organic solidarity in his work (Durkheim, 2005, p. 108). A family serves two major functions according to Parsons; socializing children and stabilizing the personality of an adult in a society. This simplification enabled parsons to avoid unneeded combinations of varying problems. This provides a good description of how the society has evolved from traditional to modern era and the changes that have taken place (Parsons, 2011). Similarly, Merton also developed his theories basing on those of Durkheim. Merton’s major contribution was his investig ation into the connections betwixt culture, structure and anomie. Durkheim had in his earlier writing concentrated on the direct consequences of specialism increase upon a person. He discovered that in a society with mechanical solidarity, the law in general is repressive; an individual who goes against the rules suffers a penalty that in reality would even collective conscience overlooked by the offense- the penalty serves to uphold the oneness of consciences.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the contrary, the laws of a society with organic solidarity are normally restitutive; its objective is not to penalize but rather indemnify ordinary actions of a complicated society. The rapidly changing society is because of the rising division of labor hence producing states of muddiness with respect to social rules and neutrality in social life that finally contributes to the collapse of societal rules that regulates doings. Durkheim marks this situation anomie which from it arises all kinds of aberrant behaviors, particularly suicide (Durkheim, 2005, pp. 107-111). Profound changes have been produced in the structure of our societies in a very short time; they have been freed from the segmental type with a rapidity and in proportions such as have never before been seen in history†¦., the functions which have been disrupted in the course of the upheaval have not had time to adjust themselves to one another; the new life which has emerged so suddenly has not been able to be completely organized,†¦ (Durkheim, 2005, p. 111) He made a conclusion that anomie is the outcome of deteriorating strength of the usual ethics in the modernistic society In an assay to counter this problem, Durkheim developed the notion of corporate moral sense that he stated as, â€Å"The totality of beliefs and sentiments common to average citizens of the same society forms a determinate system which has its own life; one may call it the collective or common conscience† (Durkheim, 2005, p. 106). He saw the rise in the ‘division of labor’ as a reason for this change; the decline but not vanishing of the collective consciousness. Hence, missing in this counsel, an individual would fail to maintain their general conscious awareness in their conception of good or bad thus becoming disoriented and permitting anomie to kick in; â€Å"If, in certain cases, organic solidarity is not all that it should be, it is certainly not because mechanical solidarity has los t ground, but because all the conditions for the existence of organic solidarity have not been realized† (Durkheim, 2005, p. 108). Durkheim’s notion of anomie was expounded upon by Merton who to a greater extent developed them into a contemporary edition. Merton, in Social Structure and Anomie stated that culture was an â€Å"organized set of normative values governing behavior which is common to members of a designated society or group† (Merton, 1996, p. 16), and that social structure was â€Å"that organized set of social relationships in which members of the society or group are variously implicated† (Merton, 1996, p. 21). Drawing out from this, Merton reasoned out that anomie came about when particular conflicts arose betwixt the cultural norms and goals, and the socially integrated statuses that group’s members concur with. Through the expounding on this theory, anomie is no more related simply to deficiency of moral counsel in today’s w orld but also due to the fact that people are being pushed to consider their social statuses first in place of moral values so as to pull through adversity (Merton, 1996). Merton conceives that society influences the behaviors of an individual by setting ambitions and the way those ambitions are to be achieved. He believes that there is a connection between anomie and the difference that exist between the vehemence laid upon the ambitions and the means of achieving them in the society. Thus, society is the root cause of crime and it represents how poorly the society is organized. The perspective of Merton is therefore similar to that of Durkheim in that both see a person’s life as a making of the society (Merton, 1996). However, while Durkheim considers that the key societal principles and values are accordant, it is only during the beginning of a stage in societal development that he conceives the aspirations of individuals to be the same (Durkheim, 2005). Merton on the othe r hand, asserts that the society as a whole strives toward similar goals and only some persons prefer not to comply with the rules that the society has set in reaching their aspirations. Durkheim is of the opinion that society creates criminal offenses so as to ameliorate and keep order within the society whilst Merton’s opinion is that society is the cause of an individual resorting to offense on account of it failing to serve its administrative purposes (Merton R. , 2008). The social structure produces a strain toward anomie and deviant behavior. The pressure of such a social order is upon outdoing one’s competitors. So long as the sentiments supporting this competitive system are distributed throughout the entire range of activities and are not confined to the final result of â€Å"success†, the choice of means will remain largely within the ambit of institutional control. When, however, the cultural emphasis shifts from the satisfactions deriving from compet ition itself to exclusive concern with the outcome, the resulting stress makes for the breakdown of the regulatory structure (Merton, 1996, p. 151). He further goes on to argue that the society sets goals which are unattainable and urges an individual to pursue them and often not supplying the means of lawfully attaining them. In the process, it fails to order the society and provides a militant environment in which criminal offenses flourish (Merton R. , 2008). It is only when a system of cultural values extols, virtually above all else, certain common success-goals for the population at large while the social structure rigorously restricts or completely closes access to approved modes of reaching these goals for a considerable part of the same population, that deviant behavior ensues on a large scale (Merton, 1996, p. 143). From the discussion it can be seen that the writings of the three sociologists pertains to the issues within today’s social organizations such as crime and morality, economy, as well as the social justice system. Various elements of a person’s life such as work, marriage, and children have been analyzed as well hence providing a great understanding of the social structures. It has been made quite clear that in order for a society to progress; structural separatism of work related roles is a requirement. In conclusion, deviance can be viewed as an illumination of moral value limits, avouchment of social order, and a booster of social integrity and social change. It has also been showed that we live in extremely specialized societies that are divided along lines of work, social classes, and cultural structures. References Durkheim, E. (2005). From The Division of Labour in Society (1893). In S. Appelrouth, D. E. Laura, Sociological Theory in the Classical Era (pp. 105-111). SAGE. Merton, R. (2008). From Social Structure and Anomie (1967). In S. Appelrouth, D. E. Laura, Sociological Theory in the Contemporary Era (pp. 66-73). Pine Forge Press. Merton, R. K. (1996). On Social Structure and Science. (P. Sztompka, Trans.) University of Chicago Press. Parsons, T. (2011). From Sex Roles in the American Kinship System (1943). In S. Appelrouth, D. E. Laura, Sociological Theory in the Contemporary Era (pp. 51- 54). Pine Forge Press. This essay on Societal Structural Order and Change was written and submitted by user Theo Pate to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.