Legalism In The Justice System

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Throughout the justice system there are many different ways to make conclusions that lead to the fate of one’s life of punishment that they are sentenced to, or lead to one not being sentenced at all. Thinking in different mindsets lead to rather different conclusions. Natural law, Legal positivism, Realism, Marxism, Feminism and Liberalism can be different mindsets used to determine one’s outcome with the law. Presently, the formal use is Legalism in our law (follow a formal set of rules; otherwise, be punished), but Liberalists do occur and always do not think what Legalists deem to be right is ultimately correct. This has been demonstrated throughout many cases but specifically the case of R.v MacDonald, which was handled using the Legalist characteristics. Although the ones who tend to be on the other side (Mr. MacDonald) believe in the Liberalist approach. Using this example; demonstrates the Liberalist approach versus a Legalist approach and their various conclusions. With various understandings and opinions of law throughout our society today, various critiques and complaints on how Mr. MacDonald was treated and handled throughout the whole situation occur. Many state that Mr. MacDonald should have been faced with the charges that he had undergone and others state that the police had no right to rush and push his door open in the manner that they did. Some deem that Mr. MacDonald was not a threat to anyone and others seem to disagree. Along with the fact that Mr. MacDonald did not have a proper firearm possession in the city of Halifax nor all of Nova Scotia since the house at which he was residing was his vacation condo. One way of looking at the situation between the police and Mr. MacDonald is by the view of Libera... ... middle of paper ... ...dly and to entertain his guests in the manner he did, which from the start, there would be no need for the police to show up. The situation with the hand gun leaves things in hot water, however; some could say that in a Liberalist view, it would have never occurred in the first place, although in the situation, the handgun was revealed and the situation arose from there. So the Liberalist view has to be accounted for all around, including the hand gun. In my viewpoint, then, I believe the whole situation should never have happened. Therefore most charges should be dropped. He did own a hand gun illegally where he was in Halifax, though, and the police officers saw it and could not dismiss the illegality of it. Ignorance of the law is no excuse, so the decision would have been to charge Mr. Macdonald with illegal possession of a firearm and dismiss all other charges.

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