Download file to see previous pages
Interpreting the law from different perspectives is a better approach to achieving justice. When using the constructive approach, interpretation of the law is more realistic because of its application to the specific situation at hand.
Legal realism is the most appropriate legal philosophy for front-line supervisors in my profession. Notably, Holmes, who was a famous jurist in the United States Supreme Court, developed the approach. According to legal realism, the law defines the morality of the society. For this reason, the law has the role of promoting, redirecting, as well as hindering moral views. Supervisors should rely on legal realism and consider the law as an effective system for prediction of future outcomes if certain moral laws are broken (Posner, 2013). Moreover, supervisors who rely on legal realism do not let emotions confuse their analytical capability. Additionally, legal realism ensures that the supervisors do not base their judgments on their feelings, but rather focus on what is right. Legal realism promotes proactive behavior in supervisors who should focus on maintaining justice in all instances. Finally, legal realism ensures that supervisors can separate their opinions and emotions while making effective legal
...Download file to see next pagesRead More
Introduction:Mr. and Mrs. Elliot are seeking advice on the prospects of successfully applying for judicial review against a decision by their local authority (‘the Council’) to refuse their son a grant to study at a residential ballot school. This advice has been divided into the following sections: Factual Information; The Remit of Judicial Review; The Requirements of Judicial Review; Legal Analysis of the Issues; and Conclusion.
According to the discussion in the United States, teachers are entitled to certain rights in regards to their employment including their freedoms, protection against any form of discrimination and dismissal from their job. These rights are mostly stipulated in the federal and state constitutional provisions.
When accepted by the other person it becomes a promise, which is transformed in to an agreement when valid considerations are set by both parties. An agreement becomes a contract when it is enforceable by the law; an agreement that is not enforceable is a void.
"The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men." Oliver Wendell Holmes, Jr. (1897)1
The problem of whether the study of the philosophy of law or jurisprudence is to be considered as a mere abstract occupation, the value whereof lies primarily in stimulating the minds of its students or is it a discipline of real practical value and significance is one of a inter-connected cyclical relationship analoguous to the Chinese TaiChi symbol where the opposite contains seeds of the other.
Obviously in the given scenario, before soliciting a warrant for search and seizure of the contraband mentioned by the informer, it is a must to ascertain the credibility and veracity of the information delivered by him. Once this is