Introduction to Law in American Society PS 380. Dr. Troy Gibson. Chapter 1 Law, Courts, and Politics. I. Courts and Government Courts = 3 rd branch, but distinctive (law degree, formal procedures, it’s own language).
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Dr. Troy Gibson
I. Courts and Government
Courts = 3rd branch, but distinctive (law degree, formal procedures, it’s own language).
A. Course: We will examine the judicial system’s relationship with each of the following:
C. Courts as Political Institutions – courts do not exist in a vacuum, no matter how much we think courts are or should be immune from “politics.” Since courts also determine what the law is (via interpretation), they are inherently political institutions because discretion is built into the judiciary as it is in other government institutions. But there are differences:
“There is almost no political question in the U.S. that is not resolved sooner or later into a judicial question.” - Tocqueville
C. Liberal and Conservative positions (T 1-1)
Chapter 2: Law and Legal Systems Comes mostly through two disputing parties; not open forums comprised of groups, stakeholders, voters, etc.
Implications: If the ground of law is man’s subjective decision, then what of its authority? If the ground is natural revelation or special revelation, then what of the authority of those laws that are seen as disharmonious with that revelation?
Law and Justice – justice is associated with Comes mostly through two disputing parties; not open forums comprised of groups, stakeholders, voters, etc.normative values; not winning, not pragmatism (prohibition).
C. Islamic Law – only law family directly tied to an organized religion’s beliefs (other systems may be tied to religious beliefs if religious simply refers to a comprehensive system of beliefs or worldview).
1. Soon, concerns over equity (broad principles of justice and reason) emerged and moved common law toward changing conditions and new legal practices. For example, the practice of injunctions was underdeveloped (proactive).
B. Americans adopted this system.
C. Characteristics in American context
Discussion: Which is better, inquisitorial or adversarial? (page 36).
H. Doctrines of Access