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Role of the Legal System

The legal realist perspective influenced the emergence of the School of Critical Legal Studies (CLS) thought. The “crits” believe that the social order (and the law) is dominated by those who have power, wealth and influence. Some criticisms are clearly influenced by the economist Karl Marx and also by the theory of distributive justice (see Chapter 2 “Corporate Social Responsibility and Business Ethics”). The CLS school believes that in the past, the rich oppressed or exploited those with less wealth and maintained social control through laws. In this way, the rich maintained an unfair distribution of rights and property in society. Law is political and therefore not neutral or worthless. The CLS movement would use the law to overturn hierarchical power structures in modern society. For more information about legal systems, see this article from Florida State Law Review, this article from the University of Berkeley Law Review, and this article from the Louisiana State University Law Review. In the federal system, judges are appointed by an elected official (the President) and confirmed by other elected representatives (the Senate). If the president belongs to one party and the other party holds a majority of seats in the Senate, political conflicts can arise during judicial confirmation processes. Such a division has been quite common over the past fifty years. The Supreme Court is the highest court in the United States. Article III of the United States Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts.

In the current form of the federal judicial system, 94 district courts and 13 appellate courts sit below the Supreme Court. Learn more about the Supreme Court. Constitutions, laws, regulations, treaties and court decisions may provide a legal basis in positive law. You may believe that you have been wronged, but in order for you to have an enforceable right in court, you must have something in the positive law that you can indicate that supports a cause of action against the defendant you have chosen. A number of other countries have a dual system. In such a system, religious rules govern and religious courts rule on matters such as marriage, divorce and family relations. However, a secular system with state courts covers the broader areas of public and commercial law. This was the situation in England until the 1850s and it is now the case in Israel, India and Pakistan. In these dual jurisdictions, the proportion of human activity regulated by either system may depend on the level of economic and political development of the country concerned. An old proverb of the law says that the law does not deal with trivialities or unimportant matters (Latin de minimis non curat lex). All the injustices you experience in life will not be a reason to take legal action.

If you got up for a Saturday night date and feel embarrassed or humiliated, you can`t get anything back in court in the U.S. because there`s no cause of action (no basis in substantive law) you can use in your claim. If you are engaged and your future spouse is exempt from the marriage ceremony, some states provide a legal basis for legal action. The “violation of the promise of marriage” is recognized in several states, but most states have abolished this cause of action either by court order or by law. Whether a runaway bride or groom justifies a valid cause of action in court depends on whether the state`s courts recognize and still enforce that disappearing cause of action. Address the business side of your legal activities with solutions to manage, track, and analyze business, finance, critical processes, relationships, and deliverables. Private law defines who is considered to have legal capacity and deals with their legal capacity (for the protection of the very young or mentally ill). These natural persons may create other “artificial” legal entities such as associations, foundations and companies. There are also legal systems that differ considerably from the common law and civil law systems. Other communist and socialist legal systems (e.g. Cuba and North Korea) are based on assumptions very different from those of English common law or European civil law.

Islamic and other religion-based legal systems bring different values and assumptions to social and business relations. We could look at existing laws, guidelines, which take the form of general rules to be followed in the nation-state or its subdivisions. Laws control judicial decisions or the common law, but are subject to (and are controlled by) constitutional law – decrees, regulations or court decisions – in a manner precise enough to know what the law says. For example, we could look at the published speed limits on most U.S. highways and conclude that the “right” or “right” speed does not exceed fifty-five miles per hour. Or we could look a little deeper and find out how the written law is usually enforced. In this way, we could conclude that sixty-one miles per hour are generally authorized by most state troops, but that sometimes someone receives a ticket for fifty-seven miles per hour within a fifty-five miles per hour zone. Both approaches are empirical, but not strictly scientific.

The first approach, which examines exactly what the rule itself says, is sometimes called the “positivist” school of legal thought. The second approach, based on the social context and actual behaviour of key law enforcement actors, is similar to the “legal realist” school of thought (see Section 1.2.3 “Other Schools of Legal Thought”). In a nation, law can be used to (1) maintain peace, (2) maintain the status quo, (3) preserve individual rights, (4) protect minorities from majorities, (5) promote social justice, and (6) ensure orderly social change. Some jurisdictions serve these purposes better than others. While a nation ruled by an authoritarian government can keep the peace and maintain the status quo, it can also oppress minorities or political opponents (e.g., Burma, Zimbabwe, or Iraq under Saddam Hussein). Under colonialism, European nations often forced peace in countries whose borders were created somewhat arbitrarily by the same European nations. For several centuries before the twentieth century, empires were built by Spain, Portugal, Great Britain, Holland, France, Germany, Belgium and Italy.

By | 2022-11-29T06:28:45+08:00 November 29th, 2022|Uncategorised|0 Comments

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