Discuss below in a 2 page:
Answer the following question about Politics in USA
1. Discuss the Following aspects of the foundations of law and the court system:
A. the definition of the law.
B. law and justice: why they do not necessarily equate.
C. Judicial self-restraint and judicial activism.
D. courts and the law - the three concentric circles: core institutions, gatekeepers, users.
Use the outline below to help you having good ideas
- Foundations of the Law and the Court System:
1. Definition of the law: Body of rules; enacted by public officials; in a legitimate manner; backed by the force of government.
2. Law and justice: why they do not necessarily equate: There is no one precise definition of the term justice. Also, justice is a general phrase used to define political, economic, social, and moral goals and values.
3. Definition of Jurisprudence: It is the legal philosophy and the approach we take to the law. Two basic theories of jurisprudence: Judicial self-restraint: judges should interpret the law of the constitution according to intent of the framers and the words they actually used; and judicialactivism: judges should interpret the constitution to reflect current political, social, and economic conditions and values.
4. A related view of judicial self-restraint can be viewed as the "internal theory of the law" and a related view of judicial activism can be viewed as "social theory of the law". (a) The internal theory of the law suggests that the law is a closed body of rules that are certain and free from the subjective view of judges. Legal decision making is mechanical.
(b) The social theory of the law suggests that law is a social institution designed to reflect the political, social, economic environment and satisfy the needs of society.
5. Categories of the law: Some type of law has always existed. These laws have had a variety of structures, organization and enforcement mechanism. A first category - Positive Law: People made and intended for governing and ruling human conduct. Historical development of Positive Law: primitive law, archaic law and mature, modern law.
A second category - Natural Law: A higher type of law derived from God and the "Nature" through which God guides the world. Binding on all human society and illustrated by the natural rights theorists concept of life, liberty, and property. These natural rights are superior to any people made law that attempts to restrict these rights. Today associated with protection of life, political and personal freedom, and economic opportunity.
6. Courts and the legal system: Courts are part of a broader legal system that involves several government institutions and different actors in this complex legal process. This legal system can be best explained in terms of three concentric circles:
a. Center core institutions (law and courts).
b. Middle ring of gatekeepers (lawyers, interest groups, police/law enforcement).
c. Outer ring of users (those who initiate lawsuits, defendants, those who participate in the operations of the court and legal system).
7. Legal concepts and definitions: Common Law, Equity, Statutory law, Private law, public law, administrative law, constitutional law, civil law, and criminal law.