This proves that with two similar cases analyzed , there are not only complexities within the law, but rather inconsistencies as likes cases are being treated differently, and with that, results in a number of differed
To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.
The author also finds out that the application of the law raises questions on the proportionality in which it is applied, particularly to petty theft cases. Because of the lack of clarity in which the law can be applied, legislatures and citizens have the right to redefine the law and its
The first chapter of “Law in America” by Lawrence M. Friedman is an introduction to the formation of the law system that we have in the United States today. The opening of the chapter depicts how Freidman starts his lectures, by reading the front few pages of the local newspaper to his very lethargic students who take his early class. At first, this seems odd given that this is not a political science class or media lecture. However, the logic behind this process is that in every “domestic” article in the news there is a connection to the law. Law is intertwined in almost every situation we face during, not only our day to day lives but also the very structure that forms the environment we live in.
Acceptable and unacceptable conduct is distinguished clearly within the legal system to restrict the unlimited exercise of individual freedom and actions but only to protect the rights of others. In this system, unacceptable behaviours are separated into 2 branches of law: criminal and civil, identifying the seriousness and harshness of unacceptable actions. Sanctions for breaching civil and criminal law serve as punishments or reparations, to enable social cohesion by ensuring consistency and fairness in the system, therefore protecting the rights of individuals by reinforcing safe practices and
Judicial review has been perceived as inconsistent with the significance that democracies properly attach political participation and to equality. Judges under the rule of law are seen as a threat to the courts under a democratic ruling. Judges who conform to the criminal and civil justice in a democratic ruling obtain to the traditional values in moderate courts. The citizens who live under a democratic ruling develop an expectation of judicial power which is expected to be exercised independently. Judges are likely to be a danger to public society since they disregard to speak to cases of a majority rule under racial discrimination.
As the rule of law, it focuses on the equal treatment and absence
Laws are universal, although they must be applied to particular cases with unique circumstances. In order to do this, judges interpret the law, determining its meaning and sometimes the intent of those who wrote it. Presumably, a Justice’s judicial philosophy is at least somewhat associated with his/her political ideology. For instance, if a Justice has conservative beliefs, he/she is more likely to interpret and exercise law with “judicial restraint”–the theory of judicial interpretation that encourages judges to limit (or restrain) the exercise of their own power. Conversely, if a Justice has more liberal beliefs, he/she is more likely to interpret and exercise law with “judicial activism”–the theory of judicial interpretation that is suspected of being based on personal or political considerations rather than on existing law–or simply, broad(-er) interpretation.
According to Gloria Steinem, “Law and justice are not always the same”. This quote means that following the law may not always mean justice is being served. Laws are rules and guidelines that are set up to govern behavior. Laws set out standards, procedures
In his book, “The Law”, Frederic Bastiat aims to counter the trend in legislation which he identified in France during his life. A legislator himself, Bastiat worried that the scope of the law had expanded far past what was just and thus performed the very acts of greed and plunder which it should aim to prevent. Bastiat based his argument on the idea that the essence of man is found in his personality, liberty, and property. The role of law is to protect these faculties of man, and anything beyond is abuse of power and legal plunder. Bastiat views these elements which comprise man as innate.
Nozick proposes a definition of justice surrounding liberty. An entitlement theory comprising of three principles which result in freedom to be absolutely entitled to property and the self. His argument maintains that patterned principles of just distribution depart from this historical scheme and, in doing so, involve unacceptable infringements of liberty. Nozick defends his entitlement theory with a Wilt Chamberlain illustration. Despite being a persuasive and strong argument, the difficult aspect of this is that Nozick does not clearly tell us how to properly satisfy what those three principles require under the perception that his argument could shut down his patterned theory competitors.
The Introduction The precedent is a decided legal case, which is used as a basis for deciding later similar cases. The English Law system is a legal system where the precedent has a great weight. This law system can be subdivided into two main interrelated branches: statute (or statutory) law and common law. Statute is an Act of Parliament, which starts its life as a bill, goes through the parliament, receives royal assent and becomes law.
Our Constitution permits and even directs the State to administer what may be termed 'distributive justice '. The concept of distributive justice in the sphere of law-making connotes, inter alia, the removal of economic inequalities and rectifying the injusticeresulting from dealings or transaction between unequals in society. Law should be used as an instruments of distributive justice to achieve a fair division of wealth among the members of society based upon the principle: 'From each according to his capacity, to each according to his
Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system. This has helped me in memorising important cases and in developing my skills with the ability of working under pressure while delivering work to high standards. Studying Law has also helped my debating and in-depth discussions, allowing me to analyse cases where there are huge controversies (Re. A and R v Dudley and Stephens) to expand my ideas by gaining a wider understanding of the complexity of this
What I will explain to you in this article will, how we are connected with the law and I hope, make you see sense in the importance of our laws in the society we live in. To be against the importance of laws in our society would show one to be ignorant and naïve. I encounter the law on a daily basis when I am driving. I have to follow the speed limit of each road, I have to signal before changing lanes, my vehicle must be in good condition in order to safely drive and I must obey all road signs as they are set in place to ensure the safety of everybody.