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Is There Room For Norms In Our Legal System?

In the very persuasive essay, “ Norms and Normal Science: Toward a Critique of Normativity in Legal Thought”, Richard Delgado lays out the groundwork for the argument against the use of “norms” within the legal system. The question he fails to answer is whether or not the normative way of thinking has pushed the legal system along toward a more progressive point. There is evidence that points to the conclusion that many legal theories and movements would not have thrived under the law had “norms” not come into play. These theories and movements include Law and Literature, Legal Realism, Feminist Legal Theory, and Critical Race Theory.

Though there are drawbacks when relying on “norms” to make judicial decisions, the positives have appeared to outweigh the negatives. Delgado argues that the use of “norms” allows the morality of the times cloud what is supposed to be an impartial decision made by a judge. If in fact this argument holds water, many would be alienated by the decisions made by these judges who employ this way of thinking. It is my argument that these very “norms” aid in swaying the judges who employ them into making decisions that are beneficial to both society and the legal system.

Some topics in this essay:
Michel Foucault, Affirmative Action, Christine Littleton, Cultural Difference, Legal Realism, Race Theory, Luther King, Bradwell Illinois, Books Friedan’s, Planned Parenthood, legal system, “norms” society, judicial system, legal realism, change society, equal opportunity employment, bradwell illinois, feminist legal, legal theory, opportunity employment, theories movements, changing “norms” society, feminist legal theory, brown board education,

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Approximate Word count = 2029
Approximate Pages = 8 (250 words per page double spaced)

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