Theories Of Declaratory Theory

Social values are the moral attitudes and principles that a society (or the majority of a society) hold collectively. They evolve over generations, with each generation able to express, become informed and pass down their values in new ways into a gradually more open minded social environment. These changes are largely due to technological developments, such as social media platforms. These changes are still happening in todays society, for example same sex marriage being legalised and different abortion laws, and will continue to develop forever as we as a society try to achieve the ultimate goal of equality.

Today’s laws are rooted in long standing religions. First used as methods to live a relatively healthy and righteous life now they govern our behavior. People do not have to follow the law, but instead choose to because they feel it is their moral responsibility.

Historically, common law emphasized the importance of judicial decisions rather than utilizing the structure of codes, legal rules, and statutes as courts do today. In the past, judges documented and issued their decisions which were later circulated from one court to another and became known as common law. In cases where parties disagreed, common law court would look at previous decisions made in related cases and incorporate those decisions into the current case (Siegel, et al., 2011). If similar disputes had been resolved in the previous case, the court would utilize the same perspective to resolve their current case. This became known as precedent and like common law, continues to be utilized in today’s court system (Siegel, et al., 2011).

this law is developed through decisions by judges on a case brought before them, each jurisdiction is developed by its own

while at the same time not talk over the reader’s head or bore them to death with legal writing. Mr. Forsythe has collected original research that has exposed new pieces of evidences about important problems dealing with the legal reasoning choices and the pieces of evidences mentioned in the people’s majority opinions.

The judicial branch plays many roles in interpreting the constitution and implementing public policy. As first order, the judicial branch has gain the powers, over the years, to declare laws passed by Congress unconstitutional and pledge them to be null and void. Judges from courts usually are strict constructionist, or they depend solely on personal ideology. If they do not base their court cases off of personal ideology, then they use previous cases which have occurred before. Judges try and find cases previous to those brought up and connect them in a special way. The connection allows them to have similar rulings. Doing so is called stare decisis. This ultimately allows them to refer back to old cases and their rulings, or establish a new

Laws have been a part of civilization for many years. Without them, civilization would implode. Chaos would erupt and people would be a danger to one another. The world would be in anarchy and a brutal place to live. Humanity would cease to exist. According to Wikipedia, law is defined as “a system of rules that are enforced through social situations to govern behavior (www.wikipedia.com).” Laws are put into place to regulate society.

As years goes by, society’s morals and values changes which depicts that the law is also changing to fulfil the same morals and values with society.

In modern American society, there is little thought in how and why the laws came to be. There is a natural assumption that the laws were made to protect the people and society. The law is made under the First Amendment of the Constitution of the United States which give the right to the people to seek its government for redress of any grievances. Utilizing this right, it gives rise to new laws to be enacted and old laws to be amended or repealed, in the ever developing society.

The purpose of laws is to regulate certain vice crimes as illegal to curve the behavior among individuals; however, it proved to be difficult to find a common ground between individualism and immorality. The first time anyone experienced legislative morality during the Colonial period but it quickly changed when American transitioned into the Urban industrialized nation. Law and morality faced many challenges when technological advancements entered the twentieth century.These kinds of technological advancements to provide American citizens with medicine, consumer products, and so on, which led to the exposure of sins.

Everyday people wake up and follow certain rules of behaviors. Brushing your teeth, following a dress code, not murdering an annoying classmate. All of these things are societal norms, written and unwritten rules of acceptable behaviors and morals. Over time norms can change in reflection of fluctuating beliefs and mores. These societal norms are generally reflected in the laws of any given country. However, sometimes in the process of change, the norms and laws get off balance. This can make the laws ineffective. No matter what the law states, if a significant portion of citizens decide to ignore, it might as well not even exist. Many times a change in social mores and norms can be observed in the court cases that arise from the clash between

First, we as a society still have to add by by common laws; common laws are still in effect but are outdated for certain situations and cases. Common laws need to be reformed. Judges should not have so much power and authorization when it comes to common laws. Judges are capable of coming up with any ruling that they believe is fair; I think common law gives judges too much authority. More importantly, the judiciary is supposed to interpret not, create law. Secondly, the legal system sometimes can be unfair, unsympathetic, harsh, unhelpful, and unreasonable. The system have falsely accused people of serious crimes in result with them having to be hold in confinement, be convicted and go to jail, having to pay fines, or maybe even death. For

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

I agree with Dworkin on this because this idea of subjective decision-making and interpretation is evident in the American Legal Realism theory where rules (or law) are seen as insufficient to cover all different types of cases. Even though the theory of American Legal Realism believes in the above idea, it still believes that some laws do, in fact, cover certain cases and scenarios which allows for the direct application of the law and thus an objective approach to judicial decision-making and interpretation. Through this, we see that both Dworkin and American Legal Realism identify the balancing act between objective and subjective judicial decision-making and interpretation. Yet, both the theories of American Legal Realism and Dworkin strongly affirm the idea of a subjective aspect always, or often, coming into play when judges take part in deciding cases and interpretation.

Law is a system of rules designed by a society to restrain unwanted behavior and maintains order. Law helps decide wrong and right in a society, gives voice to the weak and discourages the might-is-right philosophy. Nearly every state in this world has designed laws that help govern its people. The first set of written laws called ‘The Code of Ur-Nammu’ were designed during 2100-2050 BC. These laws, stated by the Neo-Sumerian King of a Mesopotamian city, proved to be pioneer in the formation of legal systems. First set of detailed laws were formed during 1772 BC, called the ‘Code of Hammurabi’. These laws covered a wide array of topics such as trade, slavery, slander, responsibilities of workers, and theft. These laws were quite tough where penalties were severe. The next major development took place with the enactment of Roman Laws. They were designed in 449 BC and it was developed over a thousand years. It had a major impact on the development of legal systems, witnessed by the continued use of Latin Legal Terminologies even today. One such term is Stare decisis, a doctrine of precedents. Through the citation of Stare decisis courts adhere to previous rulings when it comes to similar cases brought before the court previously. The next major development came under the enactment of English Common Laws since 1189. These laws were majorly created through the doctrine of Stare decisis. These set of laws continue to be the foundations of legal systems of numerous states around