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How does law shape society
Law and social changes
Statutory interpretation
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Oliver Wendell Holmes was born on March 8, 1941 and died on March 6, 1935. He was a vigorous political figure during his life time. He served as associate justice in the US Supreme Court from 1905 to1982. He was a great political philosopher of his days and his ideas are still remembered.
According to Holmes, “the nature of legal language can obscure and hide the social interests and social advantages to some that a law promotes.” Holmes view about legal language is that law promotes social goodness for people but the manner in which the language of law is interpreted can be a block to providing equal justice to all human beings. Holmes says the interpretation of law makes it hard for others to actually enjoy the benefits law provides to all mankind. Holmes classifies the interpretation of law into rhetorical theory. He emphasizes that a law which is constructed as a principle or in a statute form reduces the likelihood of change. Again he says the language of law when interpreted tends to define or apply to only specific behavior or situation at a specific time. Legal language is constructed in complex forms that make it difficult for people without the knowledge of the laws to interpret their meaning. In addition, the language of law always depends on fixed interpretation. In actual sense, if a law is not interpreted and therefore is not in statutes or has not being generally considered as a law then, no one can be considered a criminal for that offense. Though in reality, that offense may be morally wrong but it is yet to be discovered and entered as a legal principle thus, representing the prediction of the future consequences.
Holmes further says that the interpretation of the law in a universal notion as morally obligated...
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..., Holmes says legal language should be based on amendment or changes to suit current situations and not be measured from old or fixed legal principles.
Indeed, Holmes’ theory that “the nature of legal language can obscure the social interests and hide the social advantage to some that a law promotes” is a very important philosophical thought. The fact is that legal language denies some people the right to social advantage or equal justice. For this reason, we should look at laws as they ought to be based on current situations at hand. We should not be predominantly obligated to follow fixed statutes as if they are holy books that have been handed down to us from our predecessors and therefore, cannot be altered or amended. Legal language should be used to serve the interest of current social treads and we should not favor legal rhetoric and traditions over change.
Oliver Wendell Holmes’ “The Path of the Law” assessment consists of the prediction theory, the “Bad Man” account of the law, and being against legal formalism. First, Holmes’ “prediction theory” of law is based on knowing what chances one has in court to have things go their way. This theory deals with (1) making judicial decision-making too easy, and (2) it is unclear how a judge could be wrong about the given law especially if they have a correct understanding of it (Lane, 2007). This also relates to how an attorney practices and how they interpret the law. In this specific case, the decision is not easy because it not only brings into question the First Amendment as it relates to freedom of speech, Fourteenth Amendment as it deals with abortion, and also a past case ruling that it was acceptable for individuals protesting, educating, or distributing literature to be eight feet away fro...
Law has no existence for itself; rather its essence lies, from a certain perspective, in the very life of men.
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
Laws have an important role in maintaining order within society. Understandably, society comprises of different individuals with differing aspirations, beliefs, personalities, and merits – just to name a few. Allowing individuals to push their personal desires using resources available to them would not only lead to a disordered society, but also one that embraces injustice and prejudice. Laws are the common principles that guide the conduct of individuals in society while ensuring that society upholds the rights of everyone who is part of it. Such laws accrue as a resemblance of morality for entities in society to which all members are held accountable irrespective of their race, social class, or popularity. However,
The words of an unborn baby are ones that almost no one ever thinks of, or hears. One of this country's most controversial topics is abortion. However, if one sees the constitutional infringement to women by the restriction of abortion; the torment to the unwanted child; and the anguish society has to sustain, then this topic would not be so debatable. Too many people do not see the effect that abortions cause. It is a very dangerous offence that affects the mother, father, the community, and most importantly, the fetus, and that is why abortion should be illegal in Canada. First, abortion is against God’s law in many Holy books such as the Bible and the Quran. Secondly, abortion does not only affect the individual, but the community as a whole, and the rights of those people are infringed on. However, abortion does nothing in the cases of rape, or women’s rights, which is the constant argument people in favour of abortion argue. And lastly, abortion should be seen for what it is, murder.
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
The Law is always changing and it reflects today’s society. However, the Law is not perfect because it is made by humans. The Law does not always coincide with Justice and Morality, for example, Carroll has lawfully been acquitted, but justice hasn’t been served, because everyone knows that he has been acquitted on a technicality. Also, abortion is legal, but many people feel that it is immoral. Because of laws in need of repealing and the inconsistencies between Law, Justice and Morality, it is not surprising that the Law can often be seen as an ‘ass’.
A mother kills her unborn child because it is unwanted, but she's not charged for murder. Is it right? There is about 46 million abortions per year worldwide, and approximately 115,000 per day, but why? Is it because rape or incest, health problems with either the mother or the child, or just because the baby's unwanted or inconvenient at the time? (The Alan Guttmacher Institute.) Abortion should be banned because too many babies are being killed from abortion, if you don't want a child you could always put it up for adoption, and most mothers don't understand the consequences that occur from abortion.
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the motivation of an individual as such. In this respect, Black?s theory is blind for social life, which is beyond the behavior of law.
"The beginning of a new legal approach may be traced to the action of the
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
Abortion has been accepted by the United States of America ever since the monumental Roe vs. Wade case in the early 1970’s, but is still a very controversial issue. Many people are for and against abortions. Some people say that the child inside its mother’s womb deserves the opportunity to live, while others believe that a mother has the right to choose whether or not her fetus can live or die. Other advocates for abortion claim that abortion helps keep the threat of overpopulation down. They also say that in many extreme cases, it is in the best interest of the mother and the child that the fetus be aborted. Abortion helps keep the crime rate low, so it should remain legal, they also say.
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,