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Driving Law Research Paper

Decent Essays
If law is ever-changing then, due to shifts in societal norms, it is also arbitrary. Take getting a speeding ticket for example; at some point in time when the automobile became commercialized, speed standards were set to make sure drivers are safe. However, even though a multitude of driving laws exist, it seems like most people speed. Why? Because there is some tacit agreement that it is okay in most situations; the preconceived idea of “safety” is changing, since people acknowledge it is okay to drive fast if following distance and alertness are maintained. As Gambetta echoes Santi Romano, “we all know how arbitrary, contingent, and variable are the criteria with which the state rules on the legality or illegality of some associations,”…show more content…
54-55). Thoughts about race typically relate to associations with one’s skin color; however, Omi and Winant’s definition clarifies that classifying race is not attributed to color but rather outgroup prejudice developed as a response to social strife. If the conception that changes in racial classification are due to shifts in societal opinion, then it is also to say the formation of race “…is the sociohistorical process by which racial categories are created, inhabited, transformed, and destroyed,” (Omi, M., & Winant, H., 1994, p. 55). Ever since the United States constitution was written, race has been an important qualifier for many legal processes. These processes—from seemingly easy decisions such as granting citizenship to more complex issues like determining if one deserves capital punishment—have gradually undergone much reform in accordance with growing acceptance of other types of people. Legal disputes over race in the U.S. began at the moment we established any form of national law (i.e., the Constitution), which in turn defined races itself by saying who of the population received natural rights. In his discussion regarding the legal construction of race, Ian Haney López shares that the government initially adopted the English common rule of jus soli, which granted citizenship to any person born within the nation’s boundaries (Haney López, 2006, pp. 28-29). This customary proclamation of
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