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The relationship between law and society
Relation between law and society
The relationship between law and society
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Introduction
The following assertion intends to provide an in-depth insight into my personal experience observing a trial in the Supreme Court of Victoria. This paper will outline a selection of many pressing issues noticed throughout my observation, more specifically those regarding the law and language in legal arenas along with symbolic and architectural traditions that reinforce prejudice towards those from a low socio-economic background and ethnic minority groups. Furthermore, it will argue how symbolism, architecture and practices within a court are in place to create a power dynamic and reinforce the courts British-'western' sovereignty and royal-like wealth which in turn intimidates members of the community especially from ethnically diverse or disadvantaged groups. I intend to demonstrate the power and authority of judges and the courts by drawing comparisons between the judges status in a court room with royalty and religious pastors, through the observation of attire, title and actual positioning in a court room.
The Supreme Court of Victoria
Within my court report I chose to focus specifically on the Supreme Court of Victoria although my research did also include attending the County Court . The reason for this selection was due to the historical significance of the Supreme Court and its hierarchical supremacy in the state of Victoria.
The Supreme Court of Victoria was “established by Victorian legislation in January 1852”(Supreme Court of Victoria) and has since remained the same in regards to its architecture and ceremonial Practices. The court holds power of the highest division of jurisdiction in the state of Victoria(supreme court of Victoria website). The case I will refer to in this article was the fir...
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...royalty and even God. Further on this comparison, I noticed the attire worn by a judge is strikingly similar to that of a King or Pastor, a long impressive scarlet gown and fine wigs or head-wear. Lastly, the positioning of a judge in a court is similar to a pastor or priest in a church or a king in a castle on a thrown at the highest level. Notice how the images below have striking similarities, with the recurring red and white trim gown and use of white wigs (the priest does not need the grey wig as he has a full head of grey hair). When I questioned why they wear a white wig, I considered that it may be used as another way to gain authority. It is universally thought that with age comes wisdom, and unfortunately with age comes grey hair. So maybe the grey wig is used to give the illusion of age for onlookers to assume they are much older, and therefore much wiser.
The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
The decision for Australia to adopt the Federal system was on the principle of which the State’s governments wanted to keep their power. For this reason there was the separation of powers between the newly formed Commonwealth government and the existing State governments. At a constitutional level, there are rulings in which the powers are separated, these rulings due to disputes have slightly changed since 1901. These changes all fell towards the one government, the Commonwealth (Federal) government. However this was not just a landslide event, the Constitution of Australia set up this imbalance of powers between the Commonwealth and State governments. We will explore this further in the points discussed later in this essay.
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
The court system was used by Queen Elizabeth to display her power. There were three
“I think there’s just one kind of folks. Folks” (Lee 304). Harper Lee is the renowned author of To Kill a Mockingbird which was inspired by the real events of the Scottsboro Trials. Throughout her novel, Lee indirectly references the case by creating characters, events, and symbols that resemble and contrast the case. These elements allow the novel to emerge with a more realistic and historic plot. In particular, the similarities and differences between Judge Horton and Judge Taylor, Victoria and Mayella, and the atmosphere of the courtroom are most prevalent. By examining these components one will be able to respect the historical features present in Harper Lee’s fictional literary phenomenon, To Kill a Mockingbird.
The term “Court Hierarchy” is a very important word in the law world in modern society. It’s definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word “court” is from a Greek derivative “cohors” or “cohort” meaning courtyard or retinue. It’s definition from the dictionary certainly portrays the law as a very important and distinguished practice. “a. A person or body of persons whose task is to hear and submit a decision on cases at law.” “b. The building, hall, or room in which such cases are heard and determined.” The word, “hierarchy”, however, has a more powerful and specific relation to the law world. It is a Greek derived word and originally came from the word “hierarkhia”, meaning the rule of a high priest. “a. A body of clergy organized into successive ranks or grades with each level subordinate to the one above.” “b. A series in which each element is graded or ranked.” By placing these two words together, it has a responsibility of giving the public a definition of one of the most important practices portrayed by the Court System of Australia. Court Hierarchy is the term given to the system in which the Courts of Australia are split into different levels to deal with different matters by different levels of severity.
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
For the court observation assignment, I visited the Tolland County Courthouse. I went to court on Tuesday April 4th, 2017 from 11am to 12:30pm. The matters I observed in the courtroom regarded a restraining order from an ex-girlfriend to her ex-boyfriend. The details involved in the case included the welfare of their three-month-old baby and the custody battle.
The judge sits up and behind him the full width of the wall is filled with a magnificent painting. It is a painting of angels with harsh faces and flaming swords, guarding the tablets upon which the Ten Commandments are inscribed. Guarding them against the approach of a man in a business suit and black gown, trying to read something clever out of a black book. At the other end of the room was a crowd of people waiting up eagerly in anticipation for the trial of Eugene Debs. Judge David Westenhaver was a magisterial looking man with a taut facial expression. His words came off kindly but with a revealing tone—he was not so magisterial as he appeared.
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.
NSW Government 2014, Courts & Tribunal Services Attorney General & Justice, viewed 30 April 2014, .
It is widely acknowledged that the judiciary within England and Wales is not representative of the wider society. The composition of the judiciary is regularly subject to criticism on its apparent homogenous identity’ being largely comprised of elderly, white male barristers educated at Oxford or Cambridge. This ethos has prevented diversity within the judiciary, particularly the upper echelons of the judiciary. Academics such as John Griffith have suggested that the narrow range of the judiciary threatens to undermine public confidence in the judicial system. Similarly, Baroness Hale argues that a representative judiciary is paramount for directives associated with the promotion of equal opportunities and strengthening of judicial legitimacy. The government has attempted to combat these issues with statutory and procedural changes to the Courts and Legal Service Act 1990, the Courts Act 2003, the Constitutional Reform Act 2005, and the Judicial Appointments Committee. However, the government’s reforms have made little impact on the demographic profile of the judiciary, as the cornerstone of all judicial appointments is merit. Until diversity can break into the judiciary, particularly the upper echelons of the judiciary there will continue to be a lingering threat to the publics confidence of the judiciary as diversification has yet to materialize.
The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. Different courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberate, and come up with a judgment on it. The criminal case is different from the civil cases, especially when it comes to the court layout. In this essay, I will explain how I experienced a courtroom visit and the important issues are learnt from the visit.
Kate Malleson remarks that even the current recruitment pool which is dominated by middle aged successful barristers does seem to evoke John Griffith's theory of judicial conservatism. However, the apparently conservative composition of the judiciary does not necessarily mean that it gives preference to traditional views. In contrast to the US Supreme Court, there is little concern whether a UK judge’s social and political views a...
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.