“The law, then, is a language that lawyers and judges use when they try to prevent or resolve problems–human conflicts– using official rules made by the state as their starting point” (Carter, 6). “Viewing individual autobiographies over a sweep of time reveals the variety of ways in which rights can become active or remain inactive” (Engel, 13). Reason in Law and Rights, Remembrance and the Reconciliation of Difference both examine the way that law affects daily life. They have a wide range of situations in which they have examined law and to some extent have both reached the same conclusions when it comes to the issue of law being uncertain and ambiguous. Furthermore, they have come to some opposing conclusions because of the groups of people each book or article focuses on. These include the approaches of law and life and officials and receptors.
Law is an interpretation, a creation of strategy. Carter and Burke explain in their book the uncertainty and ambiguity that are associated with law. They explain that words create ambiguity and since the law is made up of words it therefore, is ambiguous. The entire book Reason in Law focuses on very few people; mainly on judges and court opinions. There is a focus on legal reasoning, a process by which judges make justifications for their decisions. Legal reasoning fosters a sense of justice. It helps us to understand how a judge came to a specific decision. Since this is done by the judge in writing it helps us to understand the laws even if we don’t agree with them. Another function of legal reasoning is that the information becomes a source of communication in the broader political community. Legal reasoning gives a common ground for people to argue and either come together or apart. Without legal reasoning the people can’t tell if a judge is impartial. Legal reasoning helps us to understand the way that a judge interpreted the vagueness of words in constitutional law.
The effects that law has on people outside of the courts is the position that Engel and Munger take in trying to explain where law gets meaning and fits into our daily lives. Rights, Remembrance, and the Reconciliation of Difference focuses on how law is intertwined into our daily lives. Engel and Munger want to know if the law does what it is supposed to do. An emphasis is placed o...
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...that they are trying to incorporate into society.
“The judicial process and legal reasoning therefore play a major part in preserving the confidence that the community can reconcile rules, facts of disputes, social conditions and ethics” (Carter, 129). Carter and Burke describe for us how we get the rules that we do and help us to understand that judges do have to use a method and be impartial. On the other hand, Engel and Munger show us through the experiences of Sara Lane and Jill Golding how law incorporates itself into society, how people do and do not choose to use it and why the impartiality of a judge’s decisions are so important to us.
Works Cited
Carter, Lief H., Burke, Thomas F. Reason in Law. Sixth Edition. Addison Wesley Longman, Inc. 2002.
Engel, David M., Munger, Frank W. Rights, Remembrance, and the Reconciliation of Difference. Law and Society Review , Volume 30, Number 1, 1996.
Tolstoy wrote What Is Art? in the year 1896, a time in which the Russian Empire was in full-swing and there was more freedom and surplus of goods. This allowed art to not be a handicap on society, making it socially acceptable to create and enjoy. On the contrary, Mo Tzu’s Against Music was written circa 425 BCE, a time commonly known as the Warring States period. This time was characterized by frequent warring and strife. Therefore, it makes sense that Tzu would find music impractical in a time of war. After all, there was a lack of able-bodied people to farm because of the war. Thus, making it unlikely for people to be trained to perform pieces that did not increase the quality of life of the common men and women, but rather halting production of life sustaining goods and
Money can be simply described as any medium of exchange that is that is widely accepted between people; that make it easier to pay for goods and services as well as the repayment of debt (CGPGrey, 2011). But ultimately – all forms of money fall into two main categories items of intrinsic value, and widely accepted forms of tokens that are tradable between people.
Which I can not fully disagree with that statement because I believe art and language both play a huge role in our lives and progression in this world, no matter what form it is in. Tolstoy argues that art plays a central role in the development of humankind. If language and art are two separate functions, I do not believe that art plays a central role in the development of humankind but art and language as a whole do. Each day, no matter where we are at, or sitting, different forms of art, and expressions from individuals that surrounds
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
The Ascent of Money, published by historian and Harvard professor Niall Ferguson in 2008, is a non-fictional account of the world’s financial history. Since the Spanish conquest in America to the current interdependence between the American and Chinese markets, the author argues that money has been an ambitious drive behind human progress. He guides the reader through different stages of the continuous development of the financial system, like the bond and the stock market, and highlights two influential forces behind it. Ferguson claims that the constant changes in the economy embody an evolutionary process that has been subject to the uncertainty of the future and human behavior throughout history.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
approximately 700 students were present at school. Announcements was being read over the speaker 20 year old Adam Lanza began shooting. Shots rang out around the school, students were being directed into bathrooms and closets by their teachers. Lanza made his way towards two classrooms of kindergarten and first grade students, in one of those classes was a substitute teacher, Lauren Rousseau, who was filling in the spot of a teacher who was out on maternity leave. In that particular class Lanza had shot and murdered all 14 of those innocent children. In another classroom was teacher, Victoria Soto, 27. Soto had moved her first grade students away from the door. Lanza burst into the classroom and shot Soto. After killing Soto, the gunman shot and killed all the students in that classroom. Sometime before Lanza went to Sandy Hook Elementary School Adam Lanza, killed his mother at home. At the school, twenty students’ between ages six and seven were killed along with six
A seemingly normal school day in Newtown, Connecticut, who knew that it would turn into one of the most devastating days of they would ever experience. About 2 years ago, students at Sandy Hook Elementary School in Newtown, Connecticut were involved in the most devastating event of the year. According to an article by the Huffington Post, a mentally troubled man in his twenties named Adam Lanza shot 20 children and six staff members, with his mother’s weapons. His mother had apparently grown up with guns and thought it would be good to have in their house. Prior to driving to the school, he even shot his mother, but his motive is unknown. He drove to the school leaving a 12-gauge shotgun in the car, walking towards the school, he shot through the front entrance. “Lanza moved toward two classrooms of kindergartners and first-graders,” police said. Within five minutes he managed to kill 20 students ages 6 and 7 and six adults. He had fired more than 150 shots from a .223-caliber Bushmaster rifle. When police started to arrive he shot himself in the head, taking his own life. This incident was the deadliest mass shooting at a grade school in the US; in total 26 lives were lost.
Few of us can deny the importance and power that money has in our society. It is difficult to think of issues that affect us on a daily basis, that does not involve money. But where does this fixation on money originate...
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is a clear way of distinguishing the ratio of a case. A key feature of the unwritten constitution is ‘the separation of powers’.
In particular, Gallas-himself a former court administrator-thinks that what judges and administrators do within courts is insufficient to explain case processing differences; as he states it, the "local legal culture pervades the practice of law and the processing of c...
Religion and existence have always been subjects that mankind has struggled with for centuries, often resulting in wars, persecution, and social change. This perpetual struggle has provided the backbone for many distinct schools of thought, none so much as literature. Man’s relationship with religion and the validity of life, has been the target of many writers, but many of the questions revolving around faith and our own existence, remain unanswered in many regards. These philosophical and spiritual subjects gave birth to a movement, in which writers and poets examined the concepts of being, religion, and other fields from a logical viewpoint, opposed to one based in emotion. The English poet John Donne is recognized widely as the father of the movement, which was later called metaphysical poetry. Donne best exemplifies the struggle of understanding religion and existence through his poems, Holy Sonnet X: Death Be Not Proud, A Hymn to God The Father, and Hymn to God, My God, In My Sickness.
There are numerous myths about the origins of money. The concept of money is often confused with coinage. Coins are a relatively modern form of money. Their first appearance was probably among the Lydians, in Asia Minor in the 7th century BC. And whether these coins were used as money in the modern sense has also been questioned.
John Donne exemplifies the process of repentance and salvation in a non-traditional light by using the unique metaphors he is known for. This metaphor creates the intense conversation the speaker has with God. This conversation is unconventional compared to the warm relationship perceived between God and his people. This particular sonnet also gives readers an idea of Donne’s thoughts on the effectiveness of the reformation of the Christian Church. Each of these elements creates Donne’s famous style of writing that has influenced writers for centuries. This sonnet encompasses an unorthodox style and questioning of certain religious beliefs that Donne is also known for.