Recapping Your Curiosity Conversation

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Positive psychology is the study of what makes life worth living. Life coaching is a way to support people in achieving their goals and their potential. Incorporating positive psychology in life coaching has been promoted by such experts as Dr. Robert Biswas-Deiner, Dr. Martin Seligman, Barbara Fredrickson, and others as a natural fit so that coaches focus on and help clients enhance their strengths, happiness, and pleasure. When clients gain a better understanding of their individual traits, they can use that understanding to not only better themselves, but also their workplace, family life, communities, and beyond!
Upon successful completion of this assignment, you will be able to:
• Summarize your curiosity conversation.
• Write a thank-you note to your curiosity conversation interviewee(s).

As a culmination of your curiosity conversation, you will write a summary, as well as a thank-you note to your interviewee(s). When professionals or other individuals give their time, you are well advised to always send them a thank-you card or letter to let them know how much you appreciated their willingness to share some of their valuable time with you, as well as to acknowledge their value to your education and continuing knowledge. Not only that, but you never know how much a thank-you note could contribute to some future endeavor that the individuals who receive them might reciprocate in some way! Planting such networking seeds can sometimes make a huge difference!

1. Write a two-page summary of the curiosity conversation you conducted for the 3.2 Assignment.
2. Write a thank-you note to your interviewee(s), expressing your gratitude for his/her time and information.
a. You must deliver this note to your interviewee via email or U.S. Postal Service, or in a personal visit.
b. When you submit this assignment to your instructor, include a copy of the note and an explanation of how and when you delivered/will deliver it to the interviewee(s).
3. When you have completed your assignments, save a copy of your summary paper and the thank-you note for yourself, then submit a copy of both to your instructor using the Assignment submission page by the end of the workshop.
a. You must deliver this note to your interviewee via email or U.S. Postal Service, or in a personal visit.
b. When you submit this assignment to your instructor, include a copy of the note and an explanation of how and when you delivered/will deliver it to the interviewee(s).

Sample Solution

Substantive Law and Procedural Law in the Four Legal Traditions

1. How do definitions of criminal responsibility differ among countries?

Definitions of criminal responsibility vary significantly across legal traditions due to differences in philosophical underpinnings, historical contexts, and cultural norms.

  • Civil Law: In civil law systems, like those found in France and Germany, criminal responsibility hinges on codified laws that clearly define offenses and punishments. The emphasis is on the objective elements of the crime and the intent of the accused.

  • Common Law: Common law systems, like those in England and the United States, rely on precedent-setting judicial decisions alongside statutory law. The focus is on subjective elements, including the accused’s mental state and the specific circumstances surrounding the crime.

  • Religious Law: Islamic law (Sharia) emphasizes divine law and interpretation of religious texts. Crimes are classified based on their severity and impact on social order, with punishments often dictated by religious principles.

  • Customary Law: In customary law systems, found in many indigenous cultures, law derives from tradition and social norms. Criminal responsibility is often determined by community consensus and customary practices.

These differing approaches lead to variations in how crimes are defined, prosecuted, and punished, highlighting the influence of cultural and historical context on legal systems.

2. How are public law and private law distinguished?

Public law governs the relationship between individuals and the state, addressing matters of public interest and societal order. It encompasses areas like:

  • Constitutional law: Establishing the structure and powers of government, defining fundamental rights, and regulating state-citizen interactions.

  • Administrative law: Governing the actions of government agencies, regulating the relationship between citizens and administrative bodies.

  • Criminal law: Defining offenses against the state, establishing procedures for prosecution, and imposing penalties.

Private law regulates relationships between individuals, including:

  • Contract law: Enforcing agreements and resolving disputes regarding contracts.

  • Property law: Defining ownership and rights related to real and personal property.

  • Tort law: Providing remedies for civil wrongs, such as negligence or intentional harm.

While the distinction between public and private law is not always clear-cut, the fundamental difference lies in the subject matter and the nature of the legal relationship. Public law concerns the state and its authority, while private law addresses the rights and obligations of individuals among themselves.

3. How does the search for truth differ between the adversarial and inquisitorial systems?

The adversarial and inquisitorial systems represent two contrasting approaches to the search for truth in legal proceedings.

  • Adversarial System: The adversarial system, prevalent in common law countries, is characterized by a “battle of wits” between opposing parties, each presenting evidence and arguments to persuade the judge or jury. The judge or jury acts as a neutral fact-finder, determining the truth based on the evidence presented. This system emphasizes the role of parties in actively pursuing their own interests and shaping the legal process.

  • Inquisitorial System: In the inquisitorial system, common in civil law jurisdictions, the judge plays a more active role in investigating the case, gathering evidence, and questioning witnesses. The focus is on uncovering the truth through a more investigative approach. This system emphasizes objectivity and impartiality, with the judge acting as a neutral arbiter of the facts.

These differing approaches reflect contrasting philosophical views on how to achieve a fair and just outcome, highlighting the complexities of truth-seeking in legal proceedings.

4. What forms can judicial review take?

Judicial review refers to the power of courts to review laws and executive actions for their constitutionality or compliance with legal principles. This power can take various forms:

  • Abstract Review: Courts can review laws before they are implemented, determining their validity and compatibility with the constitution or other legal principles.

  • Concrete Review: Courts review laws or executive actions in the context of a specific case, assessing their constitutionality or legality in relation to the facts of that case.

  • Constitutional Review: Courts assess the constitutionality of laws and executive actions, ensuring they do not violate fundamental rights or principles.

  • Statutory Review: Courts review laws for compliance with other statutes or legislative acts.

  • Administrative Review: Courts review the actions of government agencies for their legality and adherence to due process.

The specific forms of judicial review available in each jurisdiction depend on constitutional provisions, historical practices, and legal traditions. This power allows courts to play a crucial role in protecting constitutional rights, upholding the rule of law, and ensuring the legitimacy of governmental action.

5. How can American football and European soccer help explain the adversarial and inquisitorial systems?

American football and European soccer offer a helpful analogy for understanding the adversarial and inquisitorial systems:

  • American Football: American football, with its emphasis on offense and defense, strategy, and competition, mirrors the adversarial system. Each team (party) strategizes, presents evidence (plays), and attempts to outmaneuver the opponent (adversary) to achieve a victory (favorable outcome). The referee (judge) enforces the rules of the game but does not actively participate in the action.

  • European Soccer: European soccer, with its more fluid, coordinated play and reliance on a neutral referee to enforce the rules, resembles the inquisitorial system. The referee (judge) actively observes the game, intervenes when necessary, and makes decisions based on their observations and understanding of the rules. The game is less about individual competition and more about collective effort and adherence to the rules.

This analogy highlights the key differences in approach: American football emphasizes active confrontation and individual strategies, while European soccer prioritizes coordinated effort and impartial enforcement of rules. These contrasting styles align with the adversarial and inquisitorial legal systems, demonstrating how differing philosophies can shape the pursuit of justice and the quest for truth.

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