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Is There Room For Norms In Our Legal System?

One approach that stands out is the Asymmetrical approach that says, "Differences should not be ignored. Society much take into account these differences and ensure that women are not punished for them." Before this movement the idea that women could have special privileges was unheard of. It in fact wasn't a "norm" until women began to demand their voices be heard in society and in the eyes of the courts. By making the word "feminism" a household one, the idea of women's rights suddenly became a "norm". By turning their arguments for equality into "norms" women caught the attention of the courts. Suddenly a plethora of cases involving women's rights were being heard and judged in favor of their cause. Some of these cases include Griswald v. Connecticut, Roe v. Wade, and Casey v. Planned Parenthood. These monumental cases did not appear out of thin air. They were a result of the slowly growing "norm" of women having the right to make decisions about their bodies. Not so far down the road came the idea that women should be able to have maternal leave and not have to fear that they will not have a job to come back to. Once the amount of women in the workforce grew to an amount that could not be ignored a new "norm" emerged. Had the idea of working mothers not been a "norm", the fight for pregnant women would not have made so many advances. Wendy Williams" article "Equality's Riddle: Pregnancy and The Equal Treatment/Special Treatment Debate" speaks of the International Labor Organization, founded in 1919. This organization fought and continues to fight for maternity protection for working women. This fight led to the implementation of the Family and Medical Leave Act of 1993 which allows both men and women to take a leave of absence from work without prejudice. Women have come a long way due to the ever - changing "norms" of society. While Bradwell v. Illinois was once the norm, as of 2001 almost 50 percent of law schools in the U.


Essays Related to Is There Room For Norms In Our Legal System?

1. The Identity of Law

They increase our positive freedom (ability to do). ... So, in reality people defer to the sovereign are guiding their behavior by norms. ... " you were supposed to clear your room because your mother told you so". sovereignty thus must be conferred by norms else it would not be sovereignty. ... Natural law provides a criteria for deriving and evaluating laws in a legal system. ... Eg: reason as a concept has reflected norms which are socially male, Eurocentric and white. ...

  • Word Count: 7680
  • Approx Pages: 31
  • Grade Level: High School

2. Conflicts as Property

Nils Christie shares his thoughts with society about his perception of seeing conflicts as property, as well as the ways in which the legal system and individuals involved in conflicts are affected. ... All the other people in the room, who were relatives, friends, and family, were participating the most, as they knew best about norms as well as actions within the village. ... These elements paint a picture of a court trial where there are multiple voices, face-to-face confrontation between both parties at conflict, equality and fairness, essentially everything that is not present in our legal...

  • Word Count: 2024
  • Approx Pages: 8
  • Has Bibliography

3. Boiler Room

In today"s society, there are opportunists that will attempt to take advantage of those in our society. ... Boiler Room is an illustration of our current society, a society in which morality and ethics have taken a back seat to profits, and status. ... This movie relates to our society today as there are people just like the ones who were portrayed in this film. There are groups of people who exist in our society who are driven by personal gain, and will walk over anyone who happens to get in their way. ... As long as these two attitudes exist, there will always be opportunists who will be the...

  • Word Count: 1508
  • Approx Pages: 6

4. Applying strain and anomie theories to crime and delinquency

The dreams are jammed in the heads of so many people, but they lack the means of attaining them successfully and/or legally. ... One manifestation of strain is the ideology of traditional values, norms and folkways (Agnew 154). ... Thus our very high rates of deviance and crime, compared with other societies, in Merton's analysis can be understood, first as a result of emphasizing success goals more than emphasizing approved means of achieving those goals (Merton 103). ... Second, there is a discrepancy between means and ends perpetuated by the class system (Merton 138). ... Bigger ev...

  • Word Count: 2386
  • Approx Pages: 10
  • Has Bibliography
  • Grade Level: Undergraduate

5. Ethics in Professional Decision Making

Feelings, new laws, social norms all have an impact on one's ethical values. ... Questions about the justice system, our impartial foreign policy, discrimination incidents occur every minute. ... The Common-Good Approach focuses on the compliance and preservation of social policies, social systems, institutions and environments that are beneficial to all. ... Suppose that one day the exact situation takes place and there are about sixty kids in one room. ... This may have also gotten the engineer in trouble with his boss, but it is unlikely that there is a boss today that would sacrifice ...

  • Word Count: 1375
  • Approx Pages: 6
  • Grade Level: High School

6. Hart

This paper will be an argumentative paper, criticizing Hart's theory of law including his thoughts on the internal aspect of it and their {his thoughts} applications within the legal system that Hart creates. ... The general theory of legal system foundations is parallel to the doctrine of sovereignty, which states that regardless of type of law present in a society, in other words democracy, monarchy whatever.......subjects habitually obey a sovereign who in turn obeys no one. ... But do not assume that habitual obedience in the legal system because it does not for two reasons; one, be...

  • Word Count: 2213
  • Approx Pages: 9
  • Grade Level: Undergraduate

7. Domestic Violence

It is by no means a new fact, as there is evidence of its existence even in the ancient times. Yet nowadays in the light of changes in cultural norms and developments in our ability to diagnose cases of domestic violence, awareness of the problem has increased and domestic violence is recognised as a problem demanding comprehension and treatment in order for it to cease. ... (Alexander, R. 2002, pp 125-129) However, there is a problem with civil remedies. ... There are a few specific reasons for the low prosecution rate. For example, victims often do not cooperate, leaving no room f...

  • Word Count: 2551
  • Approx Pages: 10
  • Grade Level: Undergraduate

8. Stone Butch Blues by Leslie Feinberg

However, there is no security in her new home, as vicious policemen raid the gay bars regularly. ... A yearning for a class status that might afford her more breathing room as a Tran gendered person. ... Like gender and sexuality, such a relationship is always political and organized into to so called systems of power. ... The way Jess walks, her voice, the way she holds her body, all attract attention because they are perceived as violating gender norms. ... The final subcategory of the systems of power that Jess has drawn upon is the notion of a homosexual body. ...

  • Word Count: 1653
  • Approx Pages: 7
  • Grade Level: Undergraduate

9. Casa de Amparo and Child Abuse

There are roughly over 10,000 cases, within San Diego County, that deal with some kind of child neglect and/or abuse. ... Not to say that is not entirely true however, I think ideas about "societal norms" often times get in the way of the purpose in which the organization was started in the first place. ... Finally, I met a doctor who not only appalled but confused as to how it was even legal that I was even prescribed what I was at the dose they were. ... There is always room for change at sites such as Casa. We can first start with our preconceived notion of the negative aspects...

  • Word Count: 1792
  • Approx Pages: 7
  • Grade Level: Undergraduate

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