This included natural law (Blank, 2011: 640). Formal legal rationality was seen by Weber as the peak of the process of disenchantment as it was viewed as a symbol of detachment from substantive value judgment. It finds its basis in general rules as opposed to being based on ad hoc assessments. It also takes away any remaining sacredness, magic and charismatic authority that remained in the adjudication process. Legal imagination is seen as a potential response to the modern state of disenchantment. Mark describes four forms of legal imagination that could potentially challenge or even re-enchant the world. These are discussed below:.
The Theoretical Legal Imagination in Relation to Ronald Dworkin.
The theoretical legal imagination can be described as a way of looking at the law in an imaginative way. This is to say that the law is created based on an imagined, perfect state of being. In the context of adjudication, for instance, a judge, when deciding on a case, would have to make his or her decision by imagining what a perfect world would or should be like instead and not necessarily what it really is. The theoretical legal imagination can be seen in Ronald Dworkin's Law's Empire. The most dominant idea that can be seen in Dworkin's work is perhaps how he does not believe in being constrained. This would be more in terms of thought. This seems to fit in perfectly with the idea of theoretical legal imagination in that it based on imagination a perfect state which involves an unconstrained imagination. Dworkin may not make specific reference to the word 'imagination' but a strong implication of this can be clearly seen in his work. This can be deduced from his reference to creative interpretation and he goes as far as comparing law to what he refers to as a 'chain novel' onto which other judges, with their judgments and legal opinions, add onto as the authors of the novel (Antaki, 2012: 8).
The settings in, Maria de Zayas, "The Disenchantments of Love", play a major role in the purpose of these disenchantments for women. ... In "Innocence Punished", the civil law is set for everyone, it decides who gets punished or who gets free. ...
However, a federal law enforcement agent told AOL News that the investigation had waned and no criminal charges were expected to be filed (Lengel). ... Haggis became disenchanted with the church ten months prior to his resignation after a member of the Church of Scientology of San Diego signed an online petition supporting California's Proposition 8, which barred same-sex marriages. ...
"Civil Disobedience" argues against the legitimacy of government and laws, and is Thoreau's most famous (and radical) essay. ... Thoreau was a genuine social deviant, disenchanted by the growing industrial machine of commerce and its constructions. ... He denounces the laws which governments impose, questioning their legitimacy. ...
But it is this descriptive of actual fact or more the unfulfilled yearning of a disenchanted lover? ... National constitutions have routinely incorporated the Bill of Rights, ours is replete with solemn professions of adherence to Human rights laws. ... It is a process of gradually removing the capacity of individual nations to control markets, law, & politics. ...
"The progressive movement began to promote professionalism in law enforcement as one of the basic components of rehabilitating municipal politics" (Patterson). ... A key consequence would have to be the overall disenchantment of the police officers. ... It would be wise for those who do make laws and implement new programs to take a look at the history of policing in the United States and see what can be learned from the past before trying out an old product in a new society....
This new change in leadership encouraged unhappiness and forced the Taiwanese to seek help from the disenchanted Manchu officials to make the first independent Republic in Asia. ... After this relocation of the Chiang Kai-shek to Taiwan, the Taiwanese people lived under martial law of this Nationalist rule for the next four decades. ... The martial law that this group ruled was harsh and very possessive because the Chiang Kai-shek only comprised 15 percent of the island's population. ... Finally, in the late 1970's the Taiwanese people got fed up with other people ruling their i...
This was done because the American colonists became disenchanted with British laws. ... When relations improved between the colonists and the British, the radicals, the Sons of Liberty, would instigate anger among the colonists resulting in further unrest. 4 In relation to the significant laws/acts of this time, the British crossed the line when they passed the Tea Act. This law gave only the British the power to sell tea in the colonies. ...
This law was the culmination of a campaign organized by the Federal Bureau of Narcotics in which the public was led to believe that marihuana was addictive and caused violent crimes, psychosis, and mental deterioration. ... The law was not aimed at medical use of marihuana - its purpose was to discourage recreational marihuana smoking. ... Almost incidentally, the law made medical use of cannabis difficult because of the extensive paperwork required of doctors who wished to use it. The Federal Bureau of Narcotics followed up with "anti-diversion" regulations that contributed to physicians'...
There it failed to nurture civic culture and lead to an increase in the public's disenchantment with parties and the party system. ... Dedicated to the tradition of self-government Jacksonian Democrats defended political parties as "indispensable allies of local democracy" because of the connection that they were able to foster between he people and the fundamental laws of the country. ... This ardent defense was demonstrated in 1832 after South Carolina declared a new tariff law "null and void" and threatened to secede from the Union if the federal government tried to reverse its deci...
