The Structure And Shape Of Law

1392 WordsApr 10, 20176 Pages
In November of 1955, Earl Warren, Chief Justice of the United States said, “It is the spirit and not the form of law that keeps justice alive”. Law, regardless of the individual words, statements, rules and jargon imposed upon a society, has underlying concepts that support and work together to create this spirit that Earl Warren mentions. In this same thought process, the underlying concepts that support law are its structure and shaping. However, the structure and shape of law is subjective to individual cultures. American law operates in a different manner than Dou Donggo law, which both also function uniquely in comparison to 17th century English law. Within the scope of these three cultures, I will discuss the manners in which the…show more content…
Inversely, law in many respects is meant to maintain order, so creating a punishment that is both gruesome and easily able to be showcased may have been a goal of the authority figures within Foucault’s society in order to instill fear associated with criminality. Social and cultural forces played a key role in forming punishment within Foucault’s society and due to this relationship law itself was influenced and had a role in influencing punishment. As other society’s are analyzed, it can be seen that punishment is not the only concept that has an association with law; in modern America, the concept of evidence in regards to law operates in a similar manner as punishment. Evidence is defined as “something legally submitted to a tribunal to ascertain the truth of a matter” . In terms of modern-day America, “tribunals” are represented as courts within the judicial system. Essentially, two opposing parties, attempt to present their side of a conflict to a community, and in order to persuade an objective third party and win their conflict, these parties present “evidence”. In America, effective forms of evidence include testimonies of character, physical representation of an act, documentation, audio or visual recordings, and even expert opinions on a particular matter. Why is it necessary for a party to
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