Take Home Juris Exam :

What is morality? Where does our sense of morality come from and why is it important for us to know? The cognitive scientist, psychologist, linguist, and scholar, Steven Pinker discusses this in his essay, “The Moral Instinct”. In this essay, Pinker claims that our morality sense is innate, it constantly changes, and it is universal among each culture. Pinker also explains that moral sense shapes our judgement as it is something that we value and seek in other people. The science of the moral sense is important since it shows how morality impacts our actions and it explains why we act in certain ways.

There are two approaches that can be adopted as to what would amount to a legal system. On the one hand are theories that treat the concepts of law and legal systems having certain moral dimensions-on this view, a body of rules might be said to count as a legal system only if it is aimed at the common good or enforcement of justice. The other approach, which is a characteristic of legal positivism, offers an account of law and legal systems that is morally neutral in character. Legal systems are characterized on this view, by the existence of certain types of institutional arrangements rather than by moral purposes they may or may not serve.

Morality is a person’s natural distinction between right and wrong and dependent on “doing the right thing for the right reason” (Justice, 111). We can not effectively pass laws that apply equally to each individual if they have a different perspective of right versus wrong.

In our daily life we hope that there is an innermost balance of morality, evidently determining how we act and react to various situations. However, it is not always clear what that reasoning is, if the sense of morality in each of us is actually a social inventive to do the right

Legal reasoning, according to Critical Legal Studies, is in fact nothing more than a manipulation of abstract categories with no

In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.

One thing I first must consider is the moral backing of the root of our legal system. In order to begin to tackle the issue, we must look at

regurgitate the phrases from the law but it is more difficult to apply those standards of human

Considering there are countless people that encounter each other every day whose ethical mindset may differ completely with each other it is important to understand that these difference can live harmoniously or quite dangerously. For example when a personal is in charge of large group of people and their ethical opinions interfere with decision making a follower may proceed in a critical thinking analysis of the now problem into a constructive solution.

Morality is applied to four key areas; religion (relation between human being and supernatural being), nature (relation between human being and nature), individuality (relation of the individual has to him or herself), and finally the

During my research for my chosen career I found an article that allowed me to look deeper into the legal system. The article focuses on the importance of the local common law in resolving various related disputes (Decker, 2014). Topics discussed include relationship between the local common law with the customs, social norms and local legal culture, role of the local courts of the U.S. in the construction, implementation and enforcement of the common law and relationship between the common law and access to justice (Decker, 2014). It further discusses the importance of the legal scholarship in construction of the common law (Decker, 2014). After reading this article it basically

Further, there exists a divide between the ignorant and the expert. Those who are ignorant to the law are unable to decipher the meaning of various legal terminologies, which

Once again, through American Legal Realism, we see the idea of general rules being incapable of providing decisions in specific cases. The

In the criminal division, in addition to the Young exceptions, precedent is not followed as rigidly because a person’s liberty may be at stake.  In R v Taylor, the Court of Appeal held that if ‘the law has either been misapplied or misunderstood’ then it must reconsider the earlier decision.  See also R v Gould.

In order to understand these attributes and their abilities to be incorporated into laws, Dworkin’s theory first must be explored and understood, to know how this was possible.