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How society is formed is a question that perplexes many, who decides how society is formed? Who has more power in society? How does one acquire more power in society? All these questions and many more are ones that social contract theorist like Rousseau, Locke and Hobbs have tried to answer. The ideas that arose from these theorists are the ones that have influenced many of the influential people like the Founding Fathers and hence these ideas can be seen in the Constitution today. The Constitution of the United States has been seen as the supreme law. It is what society is expected to abide by and follow and is seen as fair as it is said to grant the same amount of power and rights to everyone, but does it really? What social contract theory seemed to be most influential?
In the Bicentennial Speech, Thurgood Marshall gave in 1987 as a part of the constitution bicentennial celebration some of these questions regarding the impartiality of the constitution were addressed. While at the celebration politicians and judges from around the country were praising the framers of the consti...
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
Skyrms’ book, Evolution of the Social Contract, offers a compelling explanation as to why individuals, when placed with one-shot prisoner’s dilemmas, will often cooperate, or choose the equilibrium that will benefit both parties equally. He uses examples to outline how individuals of certain environments frequently engage in activities that benefit the group at their own personal expense. Using both game theory and decision theory, Skyrms explores problems with the social contract when it is applied to evolutionary dynamics. In the chapters of the book, he offers new insights into concepts such as sex and justice, commitment, and mutual aid.
“Social contract theory says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Some people believe that if we live according to a social contract, we can live morally by our own choice and not because a divine being requires it.” - Crash Course. I think they provide a valuable framework for harmony in society. In this sitution is not good thing which third/ fourths of the people don’t understand english that it could be dangerous for the people who don’t speak chinse.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Newman, Roger K., ed. The Constitution and Its Amendments. Vol. 3. New York: Macmillan Reference, 1999. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Mason, A., & Stephenson, D. (2012). American constitutional law. (16 ed., pp. 84-86). Boston: Longman.
Thomas Hobbes creates a clear idea of the social contract theory in which the social contract is a collective agreement where everyone in the state of nature comes together and sacrifices all their liberty in return to security. “In return, the State promises to exercise its absolute power to maintain a state of peace (by punishing deviants, etc.)” So are the power and the ability of the state making people obey to the laws or is there a wider context to this? I am going to look at the different factors to this argument including a wide range of critiques about Hobbes’ theory to see whether or not his theory is convincing reason for constantly obeying the law.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
“What makes us trust our judges? Their independence in office and their manner of appointment.” As John Marshall states, the judges of the Supreme Court should be independent and appointed in an honest manner. This is an interesting statement, as Marshall himself was a “midnight judge,” and therefore considered by Democratic-Republicans as a corrupt appointment. Even though Thomas Jefferson and his followers believed that, it didn’t stop Marshall. His influence in the court left a legacy that would form the basis of the Supreme Court for decades to come. By strengthening the federal government, limiting state powers, and keeping Federalist ideals alive during the Revolution of 1800, John Marshall’s significance to the Supreme Court is still