The Legalist Poem: The Rule Of Law
THE DOMINANT PARADIGM: THE “RULE OF LAW”
More than two thousand years ago Aristoteles wrote: “The rule of law is better than the rule of any other individual”. Today, there is an evident dominance of the law (or legalist) paradigm in the contemporary, described by Bourdieu as the “force of law”. Both McEvoy (2007) and Nouwen and Werner (2015) convey that this drive is the benchmark for their ultimate analysis. The law as magnetic and seductive force shapes our political relation, our way of thinking and our behaviour, ultimately articulating our social world (Geertz). Law nurtures the longing humans feel for a life driven by solid principles in a rational and orderly way. The “rule of law” stands immortally for the values of justice, objectivity and universality. Following the law is a practical and symbolic practice to demonstrate accountability and legitimacy. McEvoy (2007) defines legalism as “seductive” in the sense that its force tends to foreclose interrogatives from other perspectives that should be posited.
Moreover, he points out that there is a tendency of understanding this legalist paradigm in a state-centric practice, which works through a top-down influence (McEvoy 2007). Sovereign states are the main actors who have the legitimacy to implement the law with their institutions. Truly, often enough the absence of functioning of such institutions is a synonym for lawlessness, violence and anarchy in a Hobbesian manner (“homo homini lupus”). The observation of
Can The Law Make Us Be Decent Summary
473 Words | 2 PagesPeople who don’t help others should be punished because they don’t fulfill their ethical responsibility and someone could lose their life because of it. If we see someone who needs help, do we stop? There is so much suffering and poverty out there. In the article “ Can the law make us be decent” by Jay Sterling Silver, the author have talked about how oblivious people should get punished for not required to do anything to help when someone is in danger. People should be punished for not assisting others in an emergency because someone life will be at risk if there’s no help.
Frederic Bastiat's The Law Analysis
1549 Words | 7 PagesIn his book, “The Law”, Frederic Bastiat aims to counter the trend in legislation which he identified in France during his life. A legislator himself, Bastiat worried that the scope of the law had expanded far past what was just and thus performed the very acts of greed and plunder which it should aim to prevent. Bastiat based his argument on the idea that the essence of man is found in his personality, liberty, and property. The role of law is to protect these faculties of man, and anything beyond is abuse of power and legal plunder. Bastiat views these elements which comprise man as innate.
Essay On Australian Democracy
1267 Words | 6 PagesIn 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.
Invitation To Law And Society Analysis
1434 Words | 6 PagesFurthermore, from two scholarly perspectives, authors Richard Rothstein and Kitty Calavita, we can deepen our engagement with this relationship in their books, The Color of Law and Invitation to Law and Society, An Introduction
The Sociological Analysis Of Rita Hayworth And Shawshank Redemption
1632 Words | 7 PagesThe last are the single rule makers, who create both formal and informal regulations. The first ones are set forth in the laws and statutes, while the second are unwritten and describe the opposition concerned more precisely. Rigidity and brutality of these unwritten rules depend on the personality of the warden. It fluctuates from the allowance of black market “to let off steam from the pressure-cooker” to “moonlight burials” of Gregg Stemmas or “Bread and water Norton’s diet” (22,
Summary: The Case Against Civil Disobedience
1290 Words | 6 PagesThese reasons will prevent anarchy because one has a conscience to determine which laws to follow and which ones do not; therefore, one shows loyalty to the authority of law and also loyalty to one’s
Dwight Okita Legal Alien Poem Analysis
872 Words | 4 PagesDiscrimination has plagued the world since the beginning of time and continues to happen today. People can be discriminated against simply for looking different or following different customs. It has been implemented by governments throughout history, but it has also been practiced individually. “In Response to Executive Order 9066” and “Legal alien” are two poems that discuss the topic of discrimination. “In Response to Executive Order 9066,” by Dwight Okita is a poem that describes the possible interment of a Japanese-American during World War 2.
The Definition Of Law: Finder Keepers And Losers Weepers
822 Words | 4 PagesIntroduction Finders keepers, losers weepers is a childhood adage that means whatever is found on the school playground can be kept but there is no principle of law that supports an individual is entitled to keep something he finds, while the original owner bears the loss. The premise when something is lost by one individual and found by another has been expressed in various ways over the centuries.
Examples Of Justice In The Scarlet Letter
1646 Words | 7 PagesAccording to Gloria Steinem, “Law and justice are not always the same”. This quote means that following the law may not always mean justice is being served. Laws are rules and guidelines that are set up to govern behavior. Laws set out standards, procedures
Essay On Extraterritorial Jurisdiction
889 Words | 4 PagesTo govern oneself as one wished is an attribute of independence. A sovereign state may not be disturbed by another state unless it has given the right to intervene. When a state attaches legal consequences to conduct in another state, it exercises control over that conduct, and when such control affects essential interests in the foreign state, it may constitute an interference with the sovereign rights of that foreign
Compare And Contrast Hobbes Locke And Rousseau
1740 Words | 7 PagesThis state of nature was the conditions in which we lived before there were any political governments to rule over us and it described what societies would be like if we had no government at all. In this essay I will compare the opinions given by each philosopher regarding their understanding of the state and the law. I will also discuss how their theories have influenced our understanding of the law today. Thomas Hobbes – Regarding the State and Law Firstly I would like to begin my discussion with Thomas Hobbes.
Dworkin's Theory Of Discretion
788 Words | 4 PagesIn hard cases, judges are not legislating, as Hart’s positivists assert, they are inducing based on principle. Judges have a duty not only to apply the rules, but also to make sure that the legal system is consistent with the principles of the society. When judges are said to legislate, they are not making the rules but discovering them. [20] According to Dworkin understanding the role of the courts is to defend the rights of citizens from the likelihood of unfair rules or other circumstances in which the written laws do not satisfactorily defend their natural rights.
Essay On Unjust Law
1666 Words | 7 PagesMen make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.
Advantages And Disadvantages Of A Humanistic Approach To The Study Of Law
1163 Words | 5 PagesAccording to the radical critique of law, how does law discriminate? Along with many other policies, the law also stresses on the discrimination which
Importance Of Law In Our Daily Life
709 Words | 3 PagesWhat 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.
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