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Research - Essay Example

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Introduction Legal reform is an inevitable part of the development and evolution of law to meet existing needs and expectations amongst people of a given society. Legal reform is a fundamental aspect of changes in the society. It often involves explicit changes in particular laws and these are done by a public authority and sanctioned for use in courts…
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Research Essay
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Download file to see previous pages... There are two clear phases in legal reform. The first phase is the process of the legal reform and the second phase is the outcome of the law reform. These two phases draw parallels with the two main schools of ethics: deontology which argues for absolute rules and a clearcut presentation of what is right and teleology or utilitarianism which justifies a given ethical choice on the basis of its outcome (Nicolson and Webb, 2011). This paper examines the fundamental question: which is more important – the process of law reform or the outcome of law reform. The research will examine the two aspects of legal reform and evaluate their relative worth. The study will be conducted by examining a set of real propositions for legal reforms relating to discrimination and multiculturalism in Australia. Facades of Law Reforms There are various definitions put forward to explain the concept of legal reform. One of them states that legal reform is “the process of examining existing laws and and modifying it and implementing hangs in the legal system, usually with the aim of enhancing justice” (Frankowski and Stephan, 2011, p283). This involve changes in the definition of laws and systems of interpreting the law (Frankowski and Stepha, 2011). Legal reforms are viewed from various angles and various processes. One of them involves the core debates that are put forward for changes in laws and their intervention in society. Parties like Pierre Legrand (2011) state that legal rules do not exist in vaccum but they receive their meanings from the society within which they are applied. Thus, to Legrand and similar scholars, there is the need for the transplanation of rules from one society to another to be sensitive to the realities of the society within which they are being implemented. This implies that legal reform will need to be done by trying to streamline the components and the elements of a given law to fit the existing society. Legal reforms must be done through a framework of conscious evaluation of the society and its values, norms and mores to ascertain the real needs of the society. Through this, the law that will be made would capture a vast framework of what the society needs. Thus, legal reforms are focused on the process of making a new law and implementing it. Another argument pioneered by Alan Watson states that based on historical evidence, laws are pervasive and legal transfers ought to be done by transplanting rules from one society to the other, however, the outcome of the new laws determine their appropriateness for the society (Paquin, 2011). The premise for this argument was the fact that most countries around the world acquired laws from the United Kingdom through colonial times. Hence, they played little or no role in the legal processes and the integration and adoption of those laws were not so complicated. However, as time went on, some laws lost their significance and they became obsolete. On the other hand, other laws remained important. The argument is that law is rarely created with a precise society in mind. Hence, there is no clear relationship between law and society (Paquin, 2011). In effect, this means that a society will always be acceptable to any kind of laws that are put forward by its legislators. However, the outcome of the law and its effect is what will present the law as valid or invalid. Law, to the proponents of this school of thought is ...Download file to see next pagesRead More
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