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Is_There_Room_For_Norms_In_Our_Legal_System_
2013-11-13 来源: 类别: 更多范文
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
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