Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The role of law in society
The role of law in society
The role of law in society
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The role of law in society
Common Law vs. Political Law vs. Scientific Law
Americans are no longer aware that there are two kinds of legal
systems, political and scientific. America was founded on principles
of scientific law. But these principles have now been submerged in
today's legal system. What is taught today as law is political law.
To understand the difference between a scientific legal system and a
political one, it is necessary to know that scientific law developed
in the absence of any legislature or Congress or Parliament whatever.
Scientific Jurisprudence.
Fifteen centuries ago the Roman Empire had collapsed. In many places
there was no law and no courts. Whenever two individuals had a
dispute, they had to work it out on their own. Before scientific law,
disputes often led to mayhem, brawls, or worse. Gradually, however,
justice was established by scientific law. The private, scientific law
courts had no government force at their disposal. The Sheriff served
the due process of the law. He was not a law-enforcer. The scientific
law courts were private courts that were supported by the fees charged
to litigants. People paid because the scientific law courts provided a
useful service. People consented to the due process of the scientific
law to have its protection and justice. If they did not obey the writs
and process of the scientific law court, they could be declared
"outlaw", outside the protection of the law. An outlaw was on his own.
He had spurned the service of scientific law to aid him resolve a
dispute. If he were robbed or killed in a dispute, neither he nor his
family had any recourse. Thus, self-interest induced people to support
...
... middle of paper ...
...reserve freedom. Teachers and textbook publishers fear to mention
anything that the bureaucrats who control budgets and hiring and
firing might disfavor. Any serious criticism of government is omitted
from the student's lessons. Vital knowledge about law, our heritage,
and the history of the struggle for liberty and justice are not passed
on to the next generation.
Our Common House is in a shambles. The roof leaks and the foundations
are rotting. We have no choice. It is our fate that we must interrupt
our pleasures and private pursuits and join with others to study the
common law to learn how to restore the House. Otherwise, a cold, cold
wind will soon blow in on us and we shall be more unsheltered beneath
every political storm that arises than we already are until finally we
shall live in misery in a complete ruin.
O’Connor, K., Sabato, L. J., Yanus, A. B, Gibson, Jr., L. T., & Robinson, C. (2011). American Government: Roots and Reform 2011 Texas Edition. United States: Pearson Education, Inc.
“Contemporary Americans” have a lot to earn from Thurgood Marshall here. In his eyes The Constitution does not deserve the high-praise that it gets. He uses context, logic, and emotion to convey his message, and his presentation facilitates
Almost every society in the history of the world has had some form of a judicial court system, but there are obviously major differences in the various court systems. One of the most outlandish court systems has to belong to Salem, Massachusetts in the 1690’s. The court system of Salem, Massachusetts is so memorable because of the events of the Salem Witch Trials. When you compare the Salem courts from the 1690s to present-day America, it will become quite evident all the freedoms that you get today. The Salem courts from the late seventeenth century and the present-day American courts differ in the freedoms and privileges a person was given, public opinion, and religious bias.
When I began reading the USCGA I expected a new approach to learning about the laws that formed our system of government. I didn’t anticipate thoroughly enjoying the clever side notes and illustrations, while adding to my knowledge that was formed during U.S History and Government classes in high school. Hennessy and McConnell succeeded in furnishing a new medium for constitutional schooling. That is especially useful as an introduction to the United States founding
In a society that was overwhelmingly illiterate, people would never know their rights if they depended upon a written text. It is apparent that there were several social classes, and that each of those had different consequences and rights. Victims, however, were paid monetarily by the offende...
This piece argues most of the significant cases that are involved with the first amendment rights of public school students; it also shows all the cases that affect and gives significant information on all the...
During this semester in Federal Government, I 've learned more in this class alone than many other years I 've been here. Mrs. Rishi has been a marvolous instructor and I couldn 't ask for more, her teaching style is what exactly fits my person to learn better. Countless key terms and basic knowledge of the American history and development have been jammed into my brain, that way those tests come as essay as they go. I 'll be explaining ten important lessons I 've learned during this course that seems to stick out more than the rest.
Zink, James. R. The Language of liberty and law: James Wilson on America’s written constitution. The American Political Science Review, 103.3 (2009): 442-455. Print.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
The American court system came to be through the Judiciary Act of 1789 which was signed by President George Washington on September 24, 1789. The constitution had established the Supreme Court, but reserved the authority for Congress to create lower federal courts. This act set the structure and the jurisdiction of such courts and generated the position for Attorney General. The Act also organized the United States into circuits and districts, which formed thirteen district courts, one for each state. Before the modern era, the justice court system used different principles to punish criminals and solve disputes. During the American colonial times, religion was an important influence when the time for a verdict by the court came into play. They would use the principle of “Actus Reas”, meaning guilty act, and “Mens Rea”, meaning guilty mind. They believed that all men are sinners and therefore be punished as such. Sir William Blackstone established and influenced new, but similar, principles that were all biblical-origin and similar to the Declaration of Independence and Constitution. Today, the court system is broken d...
Lakoff, George. "Introduction: In the Name of Freedom.” Whose Freedom? : The Battle over America's Most Important Idea. New York: Farrar, Straus and Giroux, 2006. 3-9. Print
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
The legal profession may have been a profession practiced and embossed on our culture by our forefathers, but with today’s use of technology, it has evolved in many ways. It now utilizes forms of scientific research and the latest forms of researching tools, to help keep a society in order and to give peace to every citizen. A lawyer’s job is an important one, and the technological progressions in our culture have done much to advance its strength and effectiveness.