Nobody downloaded yet

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

Comments (0) Cite this document
Summary
Prevailing Legal Theory within the United States Today Instructor: Subject: Legal Theories in the United States Due Date: Number of Words: 1,160 Abstract The present view of the United States law, as described by legal theory can be best explained by three prevalent theories: Legal Realism, Natural Law and Feminist Theory…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.5% of users find it useful
Prevailing Legal Theory within the United States Today
Read TextPreview

Extract of sample "Prevailing Legal Theory within the United States Today"

Download file to see previous pages 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, ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Prevailing Legal Theory within the United States Today Research Paper”, n.d.)
Prevailing Legal Theory within the United States Today Research Paper. Retrieved from https://studentshare.org/law/1434344-the-prevailing-legal-theory-in-the-united-states
(Prevailing Legal Theory Within the United States Today Research Paper)
Prevailing Legal Theory Within the United States Today Research Paper. https://studentshare.org/law/1434344-the-prevailing-legal-theory-in-the-united-states.
“Prevailing Legal Theory Within the United States Today Research Paper”, n.d. https://studentshare.org/law/1434344-the-prevailing-legal-theory-in-the-united-states.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Prevailing Legal Theory within the United States Today

Drug Trafficking within the United States

...? Drug trafficking within the United s Drug trafficking within the United s One of the most profitable markets found in the world include the American market of illegal drugs. As a result, this market attracts very many sophisticated, aggressive, and sophisticated drug peddlers. The law enforcement agencies charged with the responsibility of protecting the United States against drug trafficking face great challenges in ensuring security along the American borders (Lyman & Potter, 2010). According to the US Customs Service report, more than 675, 000 private planes fly over sixty million individuals into the United...
7 Pages(1750 words)Essay

Legal System of The United States

...? 10 December Impacts of federalism on the legal system in America: Federalism is a political system which allows different states governed by one central government to have a certain degree of autonomy or independence. It is generally assumed that federalism is a political philosophy which is still evolving in the US. This much is settled that the US Constitution or legal system stems from federalism because both the national government and all state governments are entrusted with different amounts of independence or power. Each state government within the US is independent in governing its people. Presently, there are 50 US states which are self-governing and make their own decisions. Federalism is quite domineering in reference... to the...
5 Pages(1250 words)Essay

Legal Theory

...Running head: APPLYING RELEVANT LEGAL THEORIES AND MORAL PERSPECTIVES Legal Theory Legal Theory Question 3 Applying relevant theories, as well as my own moral perspective, to decide whether any ONE of the following activities should be legal: a) Failing to wear a seat belt while in a car, or a crash helmet when on a motorcycle It is mandatory for motorist to wear seatbelts while on the road to safeguard their life in case of an accident. Consequently, those using the motorcycles are supposed to use crash helmet will riding on their motorcycles. This is for the sake of their life just in case of an accident, they are able to protect themselves against severe injuries. Wearing seat belts and/or helmets are reported to save lives... but this...
6 Pages(1500 words)Essay

LEGAL THEORY

...lacking in terms of effective redressal. As a result, so long as feminist theory seeks to push women to a position where they are equal to women without looking into the inherent flaws in the legal framework itself, it is unlikely to be effective in truly furthering the rights of women. Liberalism which forms much of the foundation of law and legal theory affords flexibility to individuals which is one of its good points, however the theories and the idea of what constitutes individuality are grounded in male experience which is falsely attributed to be the human experience14.It is the separatist thesis which is the driving principle behind this...
16 Pages(4000 words)Essay

Sociology american family life now vs family life in 1950s

...to the prevailing social norms on family and family roles, gender roles, and family function will be provided. Based on the gathered information with regards to the factors that contributes to the breakdown of the American family structure, some of the highly recommended solutions will be provided to address the sociological problem in the United States. Prevailing Social Norms on Family and Family Roles, Gender Roles, and Family Function in 1950s and Today Family is one of the three major institutions of the society aside from work and welfare. (Hughes and Fergusson, 2004: 2) In line with this, a family is considered as the basic unit...
6 Pages(1500 words)Essay

Legal Theory

...the globe. Whether one approaches the role and place of women from an international, global perspective or from an individual State perspective, the question for feminists is for the most part a matter of the imposition of power and the limitation and circumscription of female individual autonomy. With respect to prostitution, particularly its criminalisation, the State has assumed a role fully commensurate with the perpetuation of patriarchy. Power concerns, albeit not uniquely, the use of force which those who wield it can exert over other persons in society. Its specific place has changed with both time and perspective. ‘From its beginnings, political theory has always...
4 Pages(1000 words)Essay

Natural Law the Prevailing Theory in the United States Today

...Natural Law The Prevailing Theory by James Webster 6th Nov. The Natural Law theory was put forward by Aristotle back in the 13th century and he said of the theory that”It Starts With Basic Principles, And From These The Right Course of Action In a Particular Situation Can Be Deduced,” (Religious Studies Online). Natural law is the law of nature, of morals and ethic that is part of the human makeup, in fact part of the animal kingdom, of which humans belong, make up. This theory is what our criminal law is based upon today and has always been based upon. The basic right and instinct for both man and beast to protect themselves and their...
2 Pages(500 words)Research Paper

United States Department of Lapor ( organazation theory)

...United s Department of Labor (organization theory) Business Environment The success of an organization in today’s economic landscape is dependent to efficient managerial skills. There are various factors that affect both success and the failure of an organization in an intensive way and should be considered in decision making. The Belinda gates organization is a globally leading foundation that facilitates healthy living and reduction of poverty among people. It is a non-profit organization and its operational activities occur in a dynamic environment. In an aim to promote education in the society, the management interacts greatly with the society. Primarily, helping the community is a...
1 Pages(250 words)Essay

Ethnocentrism within the United States

... Ethnocentrism within the United s There world is full of diversity when it comes to culture, and this is sometimes undermined by ethnocentrism. Though it has its positive sides, ethnocentrism goes beyond just viewing one’s ethnic group as superior; it involves using this view to judge other cultures (Ankerl, 2000). The upside is that it helps those of the minority groups to have a sustained identity for an extended time span. Its downside is that other ethnic groups can view others from a dented perspective (Krayer, 2013). The media is a great means to influence people towards buying commodities. One of the thriving industries is the weight lose industry. In other parts of the world, someone overweight is considered to be wealthy...
1 Pages(250 words)Essay

Power within the United States congress

...Power within the United s Congress Power within the United s Congress What is the Issue? The US government is divided into three branches and this help in the establishment of a power balance. There is a common misconception among the members of the public that the president has power over the congress. However, it is imperative to bear in mind that the congress closely watches the president’s actions and decisions. The president as well has a way of checking the congress. The congress checks the president through a majority vote. On the other hand, the president maintains control over the congress through the vetoing process. This has resulted into to a conflict in the...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Prevailing Legal Theory within the United States Today for FREE!

Contact Us