Prevailing Legal Theory within the United States Today - Research Paper Example

These are examples of many different legal theories, but represent the prevailing views of United States Law. Introduction There is no single prevalent legal theory for the United States, however, this study considers that three common legal theories, Legal Realism, Natural Law and Feminist Theory together provide a strong description of the prevailing legal theory that is present in the United States today. Legal theory involves the use of contributions from a wide number of sources including the law itself, but also literature and discussions from a wide range of academic disciplines, including sociology, economics, philosophy and political science .

Laws are established and enforced by ruling authority in the area. Within the United States, the Constitution is the document from which any new laws, amendments or statutes must be made and these must stand in agreement with the constitution. Alterations can be made to the constitution by the process of proposing amendments, which are then voted on by congress, and must meet with at least two-thirds approval from both houses of Congress in order to become part of the law. An amendment must then be ratified by three quarters of legislates of the states in order to become part of the constitution . . Modern jurisprudence mainly focuses on the principles of the laws that are in practice, while legal theorists examine the problems that are present in legal systems and social institutions , including theories of Legal Realism, Natural Law and Feminist Theory which will be discussed in detail within the following sections.

Legal Realism Legal Realism is a theory that takes into account that the law is a construct that was developed by humans, who in their very nature are imperfect, and thus as a consequence, the law is subject to misinterpretation, is often not clear, and contains imperfections and frailties. A part of this theory is the indeterminacy of law. This theory suggests that when legal cases and disputes are solved the law is not the only factor which is relevant. Instead, factors such as personal opinions of the judge or jury, the moods of those present and other factors that do not directly pertain to the law have a direct effect on the outcome .

For example, a judge my give one individual a lenient sentence because they are in a good mood and sympathize with the individual, while giving a harsher sentence for the same crime to another individual at a different time, despite both being equal under the law. The theory of Legal Realism is interdisciplinary in nature, with many who are interested in this theory also having interest in anthropological and sociological approaches to the law. The theory also presents beliefs concerning legal instrumentation, which suggests the use of the law a tool in order to bring about equitability in society and for social uses.

It is important that the study of law is linked to the outcomes of particular cases that go through the courts,