Anti Essays :: Free "Law And Society" Essay
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Submitted by sparashar on June 9, 2008
The most important aspect of the development of laws is the position of the individual in the society. Individuals are either at the beginning and forefront of a developing law or they are at the end and enforcing the law. Individuals are responsible for creating these laws and have a responsibility of making the laws fair to everyone. While most strive to make these fair laws for everyone, there are some that have their own perspective to promote. There are those who enforce laws, those who can overturn laws that are unjust, and also those perspectives go against society.
Judges play an integral part in the enforcement of laws. When laws and norms are formed, it is the role of the judge to enforce them to their particular case to uphold the law. Judges must be flexible because not all cases are the same and they may be applied differently depending on the situation. It is this very flexibility that makes the system so unique. Judges have several responsibilities including adjudicating, arbitration and mediation. When cases come in the courts, they are domestic norms that are challenged by individuals and it is the role of the judge to validate the norms set. They also have the difficult task of deciphering congressional norms from societal norms. Congressional norms come from people with a particular intent and a motive that may not always be correctly driven. Judicial policy making their conscious intent to make a positive impact on society.
It is their role as “norm enforcers” enforce the laws and rules in a way that is the same to everyone. However, despite the attempt to apply the law fairly, judges can be wrong at times since they must fit existing laws in the case at hand. There can be several interpretations of the law and that is why people argue over the correct interpretation. That is why there are several opposing interpretations based on different people. In making decisions, judges can choose to make decisions based on their own...
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