Law in Contemporary Society

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LukeReillyFirstEssay 6 - 29 Mar 2015 - Main.ShayBanerjee
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 Building on Shay and Henry, how do you contend with the differences between common law and statutes regarding (for starters) their historical geneses and present modes of enactment?

-- MattBurke - 29 Mar 2015

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Sorry if I'm antagonistic (not my intention), but I had another thought on this essay: how would you respond to the criticism that this interpretation of laws is undemocratic? Legislative intent strikes me as a powerful check on judges to ensure that judicial interpretation is in line with the will of the people. What if Planned Parenthood spent millions of dollars pushing a bill through Congress intending to protect some aspect of woman's privacy, and that statute went to the Supreme Court? Are you sure you're okay with five conservative lawyers telling them their interpretation was wrong? I'm not sure I am.

I suppose in the end it all goes back to that ancient debate between Plato and Aristotle. Who do you trust more: philosopher-kings or politicians?

-- ShayBanerjee - 29 Mar 2015

 
 
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Revision 6r6 - 29 Mar 2015 - 22:53:31 - ShayBanerjee
Revision 5r5 - 29 Mar 2015 - 12:22:55 - MattBurke
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