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Role of law in society
Role of law in society
The role of justice in society
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“In our daily lives, law affects how we behave or do not behave and possibly some of what we think, and it also governs many aspects of our lives.” (Barkan, 2009) Our legal system is what keeps our country cohesive and running. To evaluate the legal system and how it deals with the numerous things that go through it, one of the four major assumptions of law, its functions and dysfunctions and finally, how the law is defined. One could say that the legal system is corrupt and favors the elites. To better explain, the Ethan Couch case, or the “Affluenza” case will be used as an example. “Law reflects the type of society in which it is found.”(Barkan, 2009) This is one of the four major assumptions of law. This case involves a wealthy and privileged …show more content…
The term used to describe this behavior is “affluenza” which means Couch was a product of his wealthy environment and his parents never established boundaries for their son. In Layman’s terms, Ethan Couch did not know any better and therefore should not receive a punishment as severe as the one that he deserved. The presiding judge agreed with the defense team and rendered a 10 year probation sentence which caused outrage within the community as well as the …show more content…
There is one function of law that serves as a function, but could also be a dysfunction and that is that the law expresses a society’s moral values. Influential social groups can sway the law in their favor as seen with the Affluenza case. Another dysfunction is that the law may create and perpetuate inequality. This inequality can be seen in the Affluenza case. Firstly, there is inequality in the fact that several years prior to the Affluenza case, the judge sentenced a “16 year old who came from a poor background and had paltry court-appointed legal defense, got 20-years in prison while Couch, who came from a multimillionaire family, got off with 10 years of probation and a stint at a costly rehabilitation center in California after his private attorneys argued that he was too rich to know right from wrong.”(Bult, 2015) This is an example of the blatant inequality caused by the dysfunctions of the law. Secondly, this case set a precedence that because you are wealthy, privileged, and in some cases white, you may be able to avoid the consequences of your actions. You will just get a mere slap on the
One of the most famous cases of the mid-nineties (and possibly one of the most controversial) of the wealthy being above the law is the O.J. Simpson trial, who fatally stabbed his ex-wife Nicole Brown and Ronald Goldman. Being accused of murder, the court had sufficient biological and psychological evidence to prove Simpson’s act of murder. However, Simpson was found not guilty by the jury and lives as a fre...
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
“These identities are constructed through various social institutions and structures-e.g, family, media, education, law, economics, religious institutions, the state, housing, transportation, architecture-that position us not just differently but inequitable as well. Thus, identity categories affect our sense of self as well as our life chances profoundly”(Braithwaite and Orr). Americas criminal justice system basis itself on double standards, hypocrisy, and institutionalized racism. It is unbelievable to me that Patreese served the longest in prison, a whopping seven years for a misdemeanor charge. The other women only spent two to three years in prison. I feel so terrible for all the women but especially Patreese who lost two brothers and Renata, who lost her mother and lost custody of her son. I feel extreme anger for the judge and prosecutors involved in this case. “Race is a social, economic, and political system of division and inequality. We know that racial categories are artificial because each year that the United States has taken a census (every ten years since 1790), there has never been a census that has used the same racial terms from a previous census. Each census a different set of terms are used, showing that the United States government cannot even agree on what the racial terms should be”(DeMello). We are living in a dysfunctional
Barker (2014, p.1) suggests that the law may be defined as a rule of human conduct, imposed upon and enforced among the members of society in which laws are inaugurated to ensure that social order continues. As a result, laws ensure that members of society may live and work together in an orderly manner by following the same rules. However, laws have different affects on individual members in society and from this point of view, this essay will focus on how laws in society affect individuals in minority and disadvantaged groups.
In the first chapter of Randall Kennedy’s book Race, Crime, and the Law, he discusses and elaborates on the effect race has had on the development of criminal law, more specifically, covering specific issues within the justice system in relations to racial discrimination against African Americans (blacks). He uses the first chapter to give a basic overview of what each following chapter grasp; he starts by identifying the four major camps regarding the race question in criminal law. The four major camps include law and order, limiting governmental power, color blindness, and advancing the interests of blacks. First, the law and order camp, basically code words to appeal covertly to anti-Negro prejudice from those who are concerned about personal
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
A Law: a regulation, an enactment, act, bill, or rule. Society requires we follow these for our benefit. However, say more than ten percent of the population is separated from the privileges of others purely based off appearances… How could this possibly benefit society if society includes these 20 million people being exploited by an unjust law? In the United States, beginning in 1896, our Supreme Court developed a set of laws mistreating equal men and women. These rules, known as Jim Crow Laws, represented the concept of “separate, but equal” in terms of black and white races. They were applied in every situation, even the activities that are meant to bring all kinds of different people together and share in a competition that unites us all as one: sports. However a few players stood out in this era, standing up for the rights they deserved as citizens of the United States, in spite of what the laws proclaimed. Bill Russell, Jackie Robinson, Wilma Rudolph, along with countless other resilient athletes showed the nation they would not settle for the restrictions limiting their freedom in both sports and the tough lives they have lived, paving a way for the integration for sports in the United States with the one thing they knew and loved best: the game.
Since even the earliest civilizations, there have been laws. Laws are a fundamental part of our government. They help the average citizen navigate through life when situations arise and accidents happen. They are there as guidelines for safety and overall well-being of a society. A citizen has the power to seek justice through the help of our court system. The legal system also determines the consequences for citizens who break the laws. For the “average citizen” the legal system is right and just.
It is no secret that the American legal system is distinct from other developed Western nations in its practices and laws. This variation, termed “adversarial legalism” by Professor Robert Kagan in his book, Adversarial Legalism, has two salient features: formal legal contestation and litigant activism. In civil and criminal law, jury trials and a specific lawyering culture exemplify these traits. Though adversarial legalism responds well to the American desires of justice and protection from harm while simultaneously respecting the societal fear of a government with too much power, it leads to extremely costly litigation and immense legal uncertainty. To reconcile the American view of justice and the undesirable outcomes of formal contestation and litigant activism, the legal system has gone so far as to reform large parts of the system, including bureaucratic regulations and the plea bargaining process. However, as Kagan states, rather than reduce the costliness or uncertainty of the legal process, these procedural changes have merely lead to an increase in litigation and, therefore, an increase of adversarial legalism in criminal and civil law.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
In “Mistakes, Misunderstandings, and Misalignments” Jules L. Coleman argues, “there is an inconsistency in how the standard of care is set versus how damages are awarded [in the criminal justice system]” (). Meaning, the law does not abide by the same verdict when punishing as when protecting. When penalizing, the law usually targets the financially unfortunate in this case Hector. Conversely, when protecting, the criminal justice system seeks to defend the affluent, Emily. This creates a double standard in which fear is instilled in the poor while a sense of security is granted to the
Hurwitz, J., & Peffley, M. (2010). And justice for some: Race, crime, and punishment in the US
The criminal justice system is defined as the system of law that is used for apprehending, prosecuting, defending, and even sentencing people who are guilty of criminal offenses. In many cases, race, class, gender, and even sexuality can impact due process and fairness within the criminal justice system. Sometimes if people don’t think they have a choice to receive justice, they may want to take law into their own hands. Whereas Others will try to get a lawyer so they can take it to court and follow the judicial systems laws to try convict the criminal. In certain situations as a defendant, your race, class, and gender can make a negative impact on the criminal justice response to the crimes. In the movies “Thelma and Louise,” “The Accused,”
Law is a social construct, which is a result of various external social influences like culture, history, politics, economy and power. It describes the society that it exists in as it is the ideologies and values of a society that are embodied as rules and principles of law. Law constructs a framework for the society, according to the goals, interests and understandings of the people of that society i.e. It reflects the ideals, ideas and ideologies of a distinct legal culture.
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