JOHNNY WASHINGTON - Academia.edu (original) (raw)

Uploads

Papers by JOHNNY WASHINGTON

Research paper thumbnail of The Civil and Common Law Nature of United States Founding Documents and Federal versus State Court Systems Professor C. Sweazey THE CIVIL AND COMMON LAW NATURE OF UNITED STATES FOUNDING DOCUMENTS

The history of Roman Law, commonly referred to as civil law, spans more than eleven centuries and... more The history of Roman Law, commonly referred to as civil law, spans more than eleven centuries and its influence on global legal systems is prominent (Mousourakis, 2015). Although the United States adopted and personalized the common-law practices of England, civil law was fixed in the intellectual and legal consciousness of the United States’ founding fathers and 17TH through 19TH century American lawyers. The writings of Sir William Blackstone, namely “Commentaries on the Law of England”, were most influential in the developmental stages of the United States, and were categorized based on Roman Law codification (Titus, 1994). Upon graduating from the College of William and Mary, Thomas Jefferson studied law under the tutelage of prominent American Law Professor, George Wythe who was knowledgeable in Roman Law, and Jefferson recommended Roman Law be made a part of beginner education (Hoeflich, 1997). Jefferson is also said to have employed Roman Civil Law in his legal arguments against Louisiana lawyer, Edward Livingston in December of 1811. John Adams, because his intellectual prowess in terms of Civil Law, was called the “Justinian of Braintree, Massachusetts” by his contemporaries, and in pursuit of acceptance to the Suffolk County Bar, Adams voraciously studied the legal codes of Justinian the 1ST and Cicero (Hoeflich, 1997). Noted 19TH century legal theorist, John Austin, studied Roman Law in Germany, and referenced other prominent Roman Law scholars in his Cambridge lectures such as Alexander C. Schomberg and Samuel Halifax in their respective publications “Historical and Chronological View of Roman Law” and “Analysis of the Roman Civil Law”. Austin is also quoted saying the two systems of law which he studied with the utmost accuracy was the Law of England and the Law of Rome. Roman Civil Law was generally employed by the founding fathers and early writers of law to navigate the confusion of case law in common law systems.

Research paper thumbnail of The Erosion of the International Laws of Armed Conflict in the 21ST Century

The concept of “armed conflict” was once straightforward and easily understood in the realm of do... more The concept of “armed conflict” was once straightforward and easily understood in the realm of domestic and international legalities. However, the aftermath of the events of September 11, 2001 have created ambiguities between the legal understandings of non-international armed conflicts, international armed conflicts, domestic disturbances, war, and non-war, as the United States led “war on terror” is not directed at an independent nation, but rather an ideology, and the alleged “terrorists” are not assembled in the similitude of a traditional standing army claiming affiliation and allegiance to a particular nation. In wake of these ambiguities and conflicts, the laws of armed conflict are suffering erosion in terms of governance over terrorism, detention, cyber warfare, civilians directly engaging in hostilities, and the clear distinction between international and non-international conflicts.

Research paper thumbnail of Common Law, Economics, and Morality.docx

Research paper thumbnail of Benefits & Challenges of the Confucian, Islamic, and United States Common Law Systems

Research paper thumbnail of The Civil and Islamic Legal Traditions.docx

Research paper thumbnail of The Chthonic Legal Tradition

The Chthonic Legal Tradition The word " chthonic " has its etymological roots in the greek langua... more The Chthonic Legal Tradition The word " chthonic " has its etymological roots in the greek language, meaning " subterranean " , and was directly associated with the belief in and worship of the gods of the Hellenistic underworld such as Hades and Aidoneus (Williams, 1909). The chthonic legal tradition theory, proposed by Professor H. Patrick Glenn, is stated to have developed over time through oral traditions, personal experience, and memory, passed down through generations, and are generally centric to a particular tribe of people (Glenn, 2010). The chthonic system was developed to enable comparisons with other established legal systems. When the concrete definition of chthonic, being subterranean or beneath the earth, is combined with the fact that this nomenclature is attributed only to the laws, customs, and cultures of indigenous tribes residing in conquered, colonized, or imperially controlled lands, the understanding of chthonic law becomes subject to the perspective of the indigenous person and the citizen of the colony or imperial power.

Research paper thumbnail of Economic Globalization - From Past to Present.docx

Thesis Statement: As historically distinct and sovereign nations amalgamate their individual mark... more Thesis Statement: As historically distinct and sovereign nations amalgamate their individual markets and economies by means of globalization in pursuit of economic growth and national superiority in business and commerce, cultural and political clashes are inevitable, necessitating cross-cultural intelligence and understanding of global economic history and national history for the creation and sustainment of equitable, mutually beneficial, efficient, and free-flowing trade.

Research paper thumbnail of International Human Rights Law vs Economic Globalization

Research paper thumbnail of Legal Positivism and Natural Law Legal Theories.docx

Research paper thumbnail of Integrative Jurisprudence.docx

Research paper thumbnail of International Human Rights Law vs Economic Globalization (Final Draft).docx

Research paper thumbnail of The Erosion of the International Laws of Armed Conflict in the 21ST Century.docx

Research paper thumbnail of The Talmudic Legal Tradition

Research paper thumbnail of The Civil and Common Law Nature of United States Founding Documents and Federal versus State Court Systems Professor C. Sweazey THE CIVIL AND COMMON LAW NATURE OF UNITED STATES FOUNDING DOCUMENTS

The history of Roman Law, commonly referred to as civil law, spans more than eleven centuries and... more The history of Roman Law, commonly referred to as civil law, spans more than eleven centuries and its influence on global legal systems is prominent (Mousourakis, 2015). Although the United States adopted and personalized the common-law practices of England, civil law was fixed in the intellectual and legal consciousness of the United States’ founding fathers and 17TH through 19TH century American lawyers. The writings of Sir William Blackstone, namely “Commentaries on the Law of England”, were most influential in the developmental stages of the United States, and were categorized based on Roman Law codification (Titus, 1994). Upon graduating from the College of William and Mary, Thomas Jefferson studied law under the tutelage of prominent American Law Professor, George Wythe who was knowledgeable in Roman Law, and Jefferson recommended Roman Law be made a part of beginner education (Hoeflich, 1997). Jefferson is also said to have employed Roman Civil Law in his legal arguments against Louisiana lawyer, Edward Livingston in December of 1811. John Adams, because his intellectual prowess in terms of Civil Law, was called the “Justinian of Braintree, Massachusetts” by his contemporaries, and in pursuit of acceptance to the Suffolk County Bar, Adams voraciously studied the legal codes of Justinian the 1ST and Cicero (Hoeflich, 1997). Noted 19TH century legal theorist, John Austin, studied Roman Law in Germany, and referenced other prominent Roman Law scholars in his Cambridge lectures such as Alexander C. Schomberg and Samuel Halifax in their respective publications “Historical and Chronological View of Roman Law” and “Analysis of the Roman Civil Law”. Austin is also quoted saying the two systems of law which he studied with the utmost accuracy was the Law of England and the Law of Rome. Roman Civil Law was generally employed by the founding fathers and early writers of law to navigate the confusion of case law in common law systems.

Research paper thumbnail of The Erosion of the International Laws of Armed Conflict in the 21ST Century

The concept of “armed conflict” was once straightforward and easily understood in the realm of do... more The concept of “armed conflict” was once straightforward and easily understood in the realm of domestic and international legalities. However, the aftermath of the events of September 11, 2001 have created ambiguities between the legal understandings of non-international armed conflicts, international armed conflicts, domestic disturbances, war, and non-war, as the United States led “war on terror” is not directed at an independent nation, but rather an ideology, and the alleged “terrorists” are not assembled in the similitude of a traditional standing army claiming affiliation and allegiance to a particular nation. In wake of these ambiguities and conflicts, the laws of armed conflict are suffering erosion in terms of governance over terrorism, detention, cyber warfare, civilians directly engaging in hostilities, and the clear distinction between international and non-international conflicts.

Research paper thumbnail of Common Law, Economics, and Morality.docx

Research paper thumbnail of Benefits & Challenges of the Confucian, Islamic, and United States Common Law Systems

Research paper thumbnail of The Civil and Islamic Legal Traditions.docx

Research paper thumbnail of The Chthonic Legal Tradition

The Chthonic Legal Tradition The word " chthonic " has its etymological roots in the greek langua... more The Chthonic Legal Tradition The word " chthonic " has its etymological roots in the greek language, meaning " subterranean " , and was directly associated with the belief in and worship of the gods of the Hellenistic underworld such as Hades and Aidoneus (Williams, 1909). The chthonic legal tradition theory, proposed by Professor H. Patrick Glenn, is stated to have developed over time through oral traditions, personal experience, and memory, passed down through generations, and are generally centric to a particular tribe of people (Glenn, 2010). The chthonic system was developed to enable comparisons with other established legal systems. When the concrete definition of chthonic, being subterranean or beneath the earth, is combined with the fact that this nomenclature is attributed only to the laws, customs, and cultures of indigenous tribes residing in conquered, colonized, or imperially controlled lands, the understanding of chthonic law becomes subject to the perspective of the indigenous person and the citizen of the colony or imperial power.

Research paper thumbnail of Economic Globalization - From Past to Present.docx

Thesis Statement: As historically distinct and sovereign nations amalgamate their individual mark... more Thesis Statement: As historically distinct and sovereign nations amalgamate their individual markets and economies by means of globalization in pursuit of economic growth and national superiority in business and commerce, cultural and political clashes are inevitable, necessitating cross-cultural intelligence and understanding of global economic history and national history for the creation and sustainment of equitable, mutually beneficial, efficient, and free-flowing trade.

Research paper thumbnail of International Human Rights Law vs Economic Globalization

Research paper thumbnail of Legal Positivism and Natural Law Legal Theories.docx

Research paper thumbnail of Integrative Jurisprudence.docx

Research paper thumbnail of International Human Rights Law vs Economic Globalization (Final Draft).docx

Research paper thumbnail of The Erosion of the International Laws of Armed Conflict in the 21ST Century.docx

Research paper thumbnail of The Talmudic Legal Tradition