Reasonable Woman Standards Research Paper

This type of sentencing guideline utilized in substantive rationality can also be referred to as discretionary regulation, more formally defined as “the subjugation of the internal logic of

In “How to be a ‘Woman Programmer,’” first published in The New York Times, Ellen Ullman argues that there is great prejudice against women in the workplace. Specifically, Ullman thinks that such prejudice exists in the deeper parts of the more technical fields such as computer programming. While encouraging women to avoid confronting men who show their prejudice against them, Ullman nevertheless points out the idea that women should stick to their passion for their work. For Ullman, it is the next best thing that women can do, apart from being a practical solution. However, I think that women should not be afraid to call their male coworkers out whenever women experience sexual prejudice in the workplace regardless of their position. Today, there are laws that equip women with the power to bring erring male coworkers to justice. After all, if the point is to make the genders equal, women should learn to assert their rights.

Animus or a “bare desire to harm” is a prevalent ground for applying rational basis with bite scrutiny. The court is also likely to use rational basis with bite when analyzing “laws that classify on the basis of an immutable characteristic or burden a significant right.” Classifications based on immutable characteristics – those that an individual cannot control – threaten principles of fairness integral to Equal Protection doctrine. In closely related Due Process doctrine, a law that burdens a significant right – i.e., burdens a

A judge needs to be able to “interpret the law fairly and independently without personal feelings, religious values, past experiences or self-promoting agendas that interfere with that responsibility” (Writer, Leaf Group).

It is a judge’s duty to uphold the law and ensure proper procedure and due process are followed during court proceedings. “Although extralegal factors are not supposed to influence a judge’s sentencing decision, studies show they invariably do” (Bohm & Haley, 2011). Ideally judges would remain unbiased, however, this is impossible as an interpretation of the law demands an individual’s perspective. This is why the higher courts, like the Supreme Court, are composed of several judges. Different interpretations are expected. Bohm and Haley explained some of the characteristics most likely to influence a judge’s decision during sentencing are “their prior experiences both in and out of the courtroom, their biases concerning various crimes, their emotional reactions and prejudices toward the defendants, and their own personalities” (2011).

A great number of legitimate frameworks depend on the preface that litigants are dealt with as honest until demonstrated liable and that choices will be fair and exclusively in light of the realities of the case. The legitimacy of this

{What guidelines?? can’t serve on jury, sports?, protected vs protecting, can't do that, must do this} People that don’t follow these rigid guidelines are looked down upon by society. This is seen in the novel To Kill a Mockingbird when Scout’s aunt and father are discussing how Scout isn’t feminine enough for a girl her age. Scout faces difficulties with herself when she sees her family lose support of her. She feels dejected that she was unable to dress or act in ways that make her feel comfortable with herself. {Teaparty?} Women today still face similar issues. They get frowned upon by society for not being feminine enough. However, this issue is not only seen with women. Men are prosecuted for not being masculine enough. Our society creates gender role stereotypes about men that describe them as violent, sexually aggressive, strong, and unemotional (Wikia). Painting a picture of a “real man”, these stereotypes can be harmful men. They indicate that men cannot be victims of abuse even though 2.78 million men in the U.S. have been victims of sexual assault or rape (Rainn) and 40% of domestic violence victims are men . However, many of these men do not report their abuse because it is seen as unmanly, weak, and shameful. In some cases, the authorities do not believe the male victim, or they don’t take any action to solve the problem because the gender role stereotypes that we have been taught lead us to believe that

This makes it difficult for courts in defining the lines of equal treatment based on gender. (PrisonerResource) In Craig v. Boren, the court rejected strict scrutiny as a standard in equal protection claims based on gender (craigvboren). Something particular to prison inmates seeking equal protection relief, is that they must demonstrate that "there is no rational relation between the dissimilar treatment and a legitimate penological

conversations and be allowed to get away with it and to have their ideas and contribution taken seriously, even those that were suggested previously by a woman and dismissed or ignored’’. Why do men come to have more weight or importance than a woman in a conversation? This is because we live in a chauvinist world where women unconsciously do not stand up for themselves. Being realistic a man is consider the superior gender.

All things considered laws, for many years, have been created by men for men. “There is scarcely an event in human existence, in which the oppression of women is not tolerated” (Robinson, 2). The objectification of women is so tolerated that even today there

The legitimate equity framework is separated into two principle courts, criminal and common. Criminal courts are intended to decide if a man has abused a criminal law; an activity that is unsafe to society. At the point when a court confirms that an individual perpetrated a wrongdoing, that individual will get a sentence or conviction. The sentence or conviction may bring about fines, detainment, group benefit, or a blend of every one of the three. Common courts are intended to determine contrasts when private people or substances, for example, a company can never again achieve a concession to their own particular or neglected to complete a legitimate obligation owed to the offended party. The offended party may request that the court advise

Gender discrimination is an unfavorable treatment based on gender. It causes the elimination of individual’s right and opportunity (Reeves and Baden, 2000: 2). Gender discrimination usually disadvantages women because women are considered inferior in society. Virginia Woolf states that gender discrimination is a result of the imbalance power between men and women (in Dobie, 2012: 114). Apparently, women have already suffered the discrimination since a long time ago.

The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence

In James Dunber Smith v. Her Majesty the Queen Sir Robort P. Collier, speaking for the Judicial Committee of the Privy Council, used the phrase “the requirements of substantial justice”, while in Arthur John Spackman v. Plumstead District Board of Works the Earl of Selbourne, S.C. preferred the phrase “the substantial requirement of justice”. In Vionet v. Barrett , Lord Esher, M.R. defined natural justice as “the natural sense of what is right and wrong”. While, however, deciding Hookings v. Smethwick Local Board of Health Lord Esher, M.R. instead of using the definition given earlier by him in Vionet case chose to define natural justice as “fundamental justice”. In Ridge v. Baldwin , Harman, L.J., in the Court of Appeal countered natural justice with “fair play in action”, a phrase favoured by Bhagwati, J. in Maneka Gandhi v. Union of India . In H.K. (An Infant), Re , Lord Parker, C.J. preferred to describe natural justice as “a duty to act fairly”. In Fairmount Investments Ltd. v. Secy. of State for Environment Lord Russell of Killowen somewhat picturesquely described natural justice as “a fair crack of the whip” while Geoffrey Lane, L.J. in R.

Social inequality is a pressing issue in society today. It is a problem that is embedded deeply in society and has a harmful and negative impact. It creates an uneven distribution of resources and opportunities in society thereby causing people to be marginalized. There are many categories associated with social inequality. Examples include race, ethnicity, age, gender, power and social class. This paper will examine gender inequality in society. Using an article from the Toronto Star, I will focus on sexual harassment as an issue of gender inequality in the workplace and the impact it has had on the self-esteem as well as opportunities and achievements of women. Gender Inequality can be defined as the unequal treatment and prejudice of a person on the basis of sex and gender roles. Sexual harassment is further defined as any unwelcome sexual advances, request for sexual favours of verbal, gestural or physical nature and with objectionable overtones which cause discomfort, humiliation, fear or anger (I.L.O, 1958). Gender Inequality is mostly affected by women. In the workplace, schools, political positions and even in families, women are seen as the inferior sex. In Canadian history, it was not until the 1900s women were given equal rights to vote and the 1920s before a woman was elected in parliament. (Smith, 2011) This is to show that gender discrimination has been embedded in society for a very long time and although laws have been made to make sure males and females are