Legal Thinking, Legal Logic, and Legal Philosophy - Essay Example

Comments (0) Cite this document
The constructive interpretation style is more appropriate because it helps one gain a deeper understanding of the law through a back-and-forth exchange. Moreover, it…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.3% of users find it useful
Legal Thinking, Legal Logic, and Legal Philosophy
Read TextPreview

Extract of sample "Legal Thinking, Legal Logic, and Legal Philosophy"

Legal Thinking, Legal Logic, and Legal Philosophy Legal Thinking, Legal Logic, and Legal Philosophy Which of the following interpretation styles would be most common for front-line supervisors in your profession?
The most common interpretation style for front-line supervisors in my profession would be the constructive one. The constructive interpretation style is more appropriate because it helps one gain a deeper understanding of the law through a back-and-forth exchange. Moreover, it allows the supervisor to consider other factors such environmental factors that affect the interpretation of the law. The constructive interpretation style presents the supervisor with an opportunity to consider all the relationships between the law and the situation at hand. Since all environmental and situation factors are given consideration, the supervisor is more likely to interpret the law appropriately. 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.
Which of the following philosophies would be most useful for front-line supervisors in your profession?
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 decisions.
Posner, R. A. (2013). Reflections on Judging. Cambridge, Massachusetts : Harvard University Press. Read More
Cite this document
  • APA
  • MLA
(“Legal Thinking, Legal Logic, and Legal Philosophy Essay”, n.d.)
Legal Thinking, Legal Logic, and Legal Philosophy Essay. Retrieved from
(Legal Thinking, Legal Logic, and Legal Philosophy Essay)
Legal Thinking, Legal Logic, and Legal Philosophy Essay.
“Legal Thinking, Legal Logic, and Legal Philosophy Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Legal Thinking, Legal Logic, and Legal Philosophy

Legal Method

...the malfunction was relevant or irrelevant. After taking into consideration by Dr. Know and Srgt Cryer, there was nothing that could displace the printout evidence. Since the clock and the breathe analysis mechanisms lay in the same box, it could be said that since there was an error with the time, there could be an error with alcohol analysis, and this was even the intention of the legislation. However, the evidences that were available against Ms. Tick were admissible to convict her. 2. Explain, in your own words, the legal issue(s) in the case. Here the legal question being asked was whether the evidence presented by the Lion Intoximeter breathe analysis was permissible under section 69(1) of the...
10 Pages(2500 words)Essay

Legal Aspects

...?Legal Aspects The purpose of this article is to write a critique of a topic pertaining to the legal aspects of the Occupational Safety and Health professional’s duties, responsibilities of working environment. The format that this paper will utilize is to first provide an introduction of the article followed by an analysis of the legal aspects of the OS&H topic. Lastly, this paper will conclude with a summary of the article’s conclusions and my own opinions. The article that will be examined for the purpose of this paper was authored by Johnson (2009) and was titled Ex-Grace Officials on Trial in Asbestos Poisoning. The article first highlights that five former mine executive that worked...
2 Pages(500 words)Essay

Legal Advice

... application for judicial review. Word limit: 1500 (+/-10%) Legal Advice 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. Factual Information In summary, Mr. and Mrs. Elliot (‘the Elliots’) made an application to their Council, on behalf of their son, Billy, for a grant for their son to study at a residential ballot school. The application was made... Businesses...
5 Pages(1250 words)Essay

Critical Legal Thinking Case

...Critical Legal Thinking Case A corporation can be held liable for the acts of its representatives. However, the imposition of criminal corporate liability varies across different states. In some states, criminal corporate liability is imposed on cases, administrative in nature. In some instances, liability is imposed only in cases where the company's legal representatives/directors have failed to administratively manage employees under them. In some areas like the United States, corporations can be sued against any acts of its representatives. It has however to be established that the representatives committed the acts for the corporation to take responsibility. Under the United States laws, a corporation is held criminally liable...
2 Pages(500 words)Article

Legal Philosophy

...LEGAL PHILOSOPHY: ion or Practicality Is Legal Philosophy an Occupation or is it a Discipline of Real Practical Value and Significance Student's Name:________ University:____________ Abstract Is legal philosophy merely about philosophizing, one made to merely stimilate the mind or does it have actual and realistic contribution to society This work attempts to evaluate legal philosophy, through the various theories and the examples of their application in law in their various forms, and point to the roles and contributions that it (legal theory) gives to the legal system...
17 Pages(4250 words)Essay

Legal Theory

... or position in society. For Hobbes, power was centred in the political body of the sovereign, whose temporal authority was preferred to the ‘rapine savagery’ of war’’ (Newman 2004, 139). In more recent times, this has changed. In many countries, the traditional sovereign (king, emperor, etc.) has been replaced with the will of the people (that is within democratic societies). Even in countries where a sovereign formally exists, his/her role is only symbolic. The concentration of power is more diffuse, that is it lies in the proverbial hands of the State. The State, however, is not as disparately assembled as one might think. It often reflects, as Marxism has long claimed, the interests of the ruling class. With the near... ...
4 Pages(1000 words)Essay

Legal Monopolies

...Legal Monopolies The existence of monopolies in the economy presents challenges in the delivery of services, due to the inefficiencies associated with their existence. On this platform, laws geared towards the elimination of competition in most countries are illegal, but the existence of statutory monopolies challenges this perspective. Indeed, legal monopolies are those companies that operate exclusively in a market with no competition, offering goods at controlled prices. Indeed, governments pass legislations to legalize a monopoly with the initial intentions to offer the best services to its citizens, although most of them do not live up to this expectation. On this platform, the...
2 Pages(500 words)Essay

Legal Methods and Legal Structures

...Legal Methods and Legal Structures Table of Contents Introduction 3 Comparison between R. (on the application of Playfoot) v Governing Body of Millais School and R. (on the application of Begum) v Denbigh High School Governors 3 2. Comparison between Dr Rowan Williams, Archbishop’s Lecture – Civil and Religious Law in England: A Religious Perspective and Lon L. Fuller’s Law as an Instrument of Social Control and Law as Facilitation of Human Interaction 6 3. Discussion of “Begum and Playfoot Show That the Law Can Successfully Resolve Disagreements over the Acceptable Boundaries of Public Professions of Faith” 7 Conclusion 11 References 13 Introduction The recent years have witnessed extensive...
12 Pages(3000 words)Essay

Legal Thinking

...Legal Thinking Q1 Front-line supervisors will commonly use the constructive style to interpret the law. The constructivestyle views the law in terms of integrity. This means that judges should identify the legal rights as well as duties by assuming that they were all created by the community and that they also express ways in which the community conceives fairness and justice. Therefore, the constructive style states that the law must speak with one voice (Venter, par. 5-9). As such, judges must assume that the law is coherently structured with principles of justice, fairness and due procedural process. In inertial, the consistency in principle supposes that people are entitled to...
1 Pages(250 words)Assignment

Critical Legal Thinking

... Critical Legal Thinking In the 7-7 case, where Steven Soderbergh claims approval to sell the defendants’ DVDs in an edited version without their consent, it would not be fair if the court rules in favor of the plaintiff. For every decision made in any field of business, there are six guiding steps, which one ought to follow. Among them is the justification step. In this section, one is able to evaluate whether the business activities that come along with the decision are morally upright. This way, every businessperson is able to scrap any decisions, which might cause trouble between them and their competitors, customers or even the society. In the filed case, it is vivid enough that this step was ignored when the plaintiff made... the...
2 Pages(500 words)Assignment
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 Essay on topic Legal Thinking, Legal Logic, and Legal Philosophy for FREE!

Contact Us