INTRODUCTION OF HOLLAND
What is Jurisprudence?
Jurisprudence, both as a philosophy or social science of law, is primarily concerned with regulation and control of human conduct to realize and provide the cherished long term and short term needs, expectations and goals of a society in the context of its prevailing social and political ordering. It is for this reason Wurzel rightly remarked that ‘Jurisprudence was the first Social Sciences to be born’. For no society can exist without its law or jurisprudence. Since Social values and goals change according to changing times and needs the definition and nature of jurisprudence also changes to sub-serve the need and social ends in terms of their content and ideal. Jurisprudence, therefore, is a prudent technique or method of legal ordering of society. So it is neither possible nor necessary to define it in a rigid and strait jacket fashion. As such the importance of jurisprudence in its practical sense is much more than its ordinary conceptual meaning. It cannot be a guess study of legal principles without their social need and relevance. As a philosophy of law, jurisprudence attempts to connect law with social forces, fact, justice and moral ideas. Jurisprudence being a social discipline reacts and responds to new emerging need, problems and challenges in a continuing fashion giving new direction and order to legal processes and social forces to re-establish equilibrium between the need for change and stability within a
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.
John Marshall was a key founder of the judicial branch of government, with his political opinions he laid the foundation for the United States Supreme Court. He had practically no schooling and only studied law for a short amount of time, but changed the nation drastically for the better helping to determine what the constitution could and could not do. Through many court cases Marshall helped established the power of state and federal government, creating the prosperous nation that is known today. John Marshall’s most important trial was Marbury vs Madison in 1803, this famous court case established what became the most important practice in the Supreme Court, judicial review. William Marbury the Secretary of Peace started a petition for which his commission was not delivered by the Secretary of State.
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.
Clarence Thomas was born on June 23, 1948, in Pin Point, Georgia. His father left his family when he was young. That, and other issues as the years passed led his family into money problems. Clarence and his brother were sent to live with their grandfather and step-grandmother. His grandfather had a major influence on his religious beliefs.
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
Specialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
Diversity has been recognised as a valuable initiative in the advancement of a workplace, however recent studies in England and Wales show that the judiciary remains largely imbalanced . For decades diversity has been a central matter within the legal sphere but according to a recent report by the Council of Europe published at the end of 2014, women only make up 25% of judges in England and Wales and to this day, Lady Hale remains the only representative for women in the Supreme Court . Furthermore, diversity statistics in 2015 concluded that the percentage of BME judges remains unchanged at 7%. Damning statistics such as these prove that the judiciary is currently in a detrimental situation, particularly because diversifying the workplace encourages innovation: ‘There is a large body of evidence going back many decades which shows that more culturally diverse businesses are more innovative. Recent research also shows that workforce diversity is also
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.
What I will explain to you in this article will, how we are connected with the law and I hope, make you see sense in the importance of our laws in the society we live in. To be against the importance of laws in our society would show one to be ignorant and naïve. I encounter the law on a daily basis when I am driving. I have to follow the speed limit of each road, I have to signal before changing lanes, my vehicle must be in good condition in order to safely drive and I must obey all road signs as they are set in place to ensure the safety of everybody.