Judicial creativity essay. Judicial Creativity Essay Plan (Concepts of Law) 2022-10-28
Judicial creativity essay
The Stranger is a novel written by Albert Camus in 1942. It tells the story of Meursault, a young man living in Algiers who becomes emotionally detached from the world around him after the death of his mother. The novel is often considered an example of absurdist literature, as it explores themes of absurdity, nihilism, and the human condition.
One example of the absurdity present in The Stranger is Meursault's lack of emotional response to the death of his mother. Despite being the protagonist of the novel, Meursault is unable to feel grief or sadness over his mother's death, and instead spends much of the time after her funeral casually chatting with his neighbors and even going to the beach. This detachment from his emotions is a clear example of the absurdity present in the novel, as it is not a typical or expected response to the loss of a loved one.
Another example of absurdity in The Stranger is Meursault's eventual murder of an Arab man on the beach. The murder is completely unprovoked and seems to happen almost by accident, with Meursault later stating that he killed the man because he was "too close" and the sun was in his eyes. The absurdity of this act is further highlighted by the fact that Meursault seems to have no remorse or guilt over the murder, and instead focuses on the practicalities of his impending trial.
In addition to absurdity, The Stranger also explores themes of nihilism and the human condition. Meursault's detachment from emotions and his lack of concern for the consequences of his actions can be seen as a form of nihilism, as he seems to lack any sense of purpose or meaning in life. This is further reflected in his statement that "nothing really mattered" and his belief that life is ultimately meaningless.
Overall, The Stranger is a powerful example of absurdist literature that explores themes of absurdity, nihilism, and the human condition. Through the character of Meursault, Camus presents a thought-provoking critique of modern society and the human experience.
Judicial Creativity Is Basis of Judges
This is the process through which cases between the government and individuals are reviewed on the basis of how lawful they are. We need to have that second opinion so we have an equal discussion on all matters in the United States. Interestingly he refused to adopt a creative stance to reverse a decision which he disagreed with as it was made in a creative capacity. As such all progression in common law can be seen as applications rather than creations, even when a court acts without express provision of statute or precedent. The theory of natural law asserts that all law pre-exists codification. The division of power into separate branches of government is central to the idea of the separation of powers. If the judge had not had the flexibility that the mischief rule provided, a likely outcome may have been the appellants having their convictions quashed - therefore meaning that parliamentary legislation would have, in this case, been ineffective.
Judicial creativity Free Essays
The lower layer is Magistrate court; the Middle layer is District court and the upper layer is the Supreme Court. For judges to make law, their approach to an area must seek a result which is in some way incongruous with the result prescribed by prior sources of law. Creativity is always the base and most importantly the start of something big and interesting when we try to create or build projects. For example, if a court decides that a ruling precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable, the court might rule contrary to the precedent. A final perspective which appears to be close to a synthesis of the two is the view of Lord Radcliffe. They would suggest that the judges had posited new law, derived not from morality, but social norms. The highest court is the high court of Australia.
Judicial Creativity Essay Plan (Concepts of Law)
It can be argued that in this instance, by going beyond the defined limits of a statute the court acted in a creative capacity, in the interests of present consensus. For this reason, some have suggested they need more power in order to perform their task properly, others have suggested they cannot. Legal Theories Supporting Application And Creation The legal theories of natural law and legal positivism support the idea of judicial application and judicial creativity respectively. The process of creation was historically reserved for deities creating "from nothing" in creationism and other creation myths. Contra to the position of natural law is that of legal positivism which states that morality and law are distinct and that law does not exist outside of human enactment. Only judges operating in appellate and other high courts are able to set legal precedents by either changing the way the courts interpret a law, or offering a new interpretation that expands an existing law.
Legal precedent is extremely beneficial to our Criminal justice system and our court system because it allows consistency, reliability and predictability within our decisions. I will talk about the advantages and disadvantages that contribute to the doctrine of binding precedent including examples of previous cases. What alternative have others firms in the industry pursued? We need to keep it the way it is and elected new bleed into the system. Judges cannot invent laws out of whole cloth; they must be able to provide clear legal rationales for their decisions, with supporting information in the form of decisions in single cases. Interestingly he refused to adopt a creative stance to reverse a decision which he disagreed with as it was made in a creative capacity. However the practice statement allows the supreme court to change the law If they believe that an early case was wrongly decided, but Judiciary Assignment Essay 298 Words 2 Pages A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts.
Judicial Creativity Essay
In the area of statute law at least, judicial creativity can be regarded as the exception rather than the rule. Original precedents give judges maximum creativity, due to their being no pre-existing cases or statutes so judges can create brand new law. More recent example is The Human Rights Act 1998 , which enshrined key rights in UK law. INTRO: Judicial precedent allows judges to make changes to and develop existing laws. HIERARCHY: - Very few cases ever make it all the way up the court hierarchy, through the appeals system, such a restriction ensures that legal change only occurs where it is absolutely necessary, considered by the best legal minds in England and Wales.
Today judges base their decisions on previous cases, to be able to justify their actions. Is It Possible For Judges To Exclusively Apply The Law? What approaches has Apple relied upon? The ratio decinidi is not as clear cut as it sounds though as there are a number of instances where the ruling judge does not explicitly say what the ratio decidendi is and it is sometimes left for a later judge to determine and this is an issue in and of itself as there maybe disagreements as to what the reason actually is. Let us explore these arguments in more detail. The three different powers are the Executive, Legislative, and Judicial Branches. This may include the application of precedent or literal applications of statute.
Judicial Creativity Essay Plan
Discuss the extent to which judges do create and develop the law. Conclusion On balance it is clear that judges often create the law, especially when issues of moral or political contention are at stake. The London Tramways decision supported this view of precedent by binding the House of Lords to its previous decisions and affirming the idea of stare decisis within the common law. For Premium Problem solving Creativity Creativity at Work For a lot of people it can be a bit difficult to remain creative at work. Therefore, whilst the literal rule ensures there is consistency in the law, it can bring about absurd results which can be seen to make a mockery of the law. Premium Creativity Idea Creativity The right hemisphere is the one that operates creativity.
Judges should rule on precedents, however, sometimes a court will depart from the rule of precedent if it decides that the precedent should no longer be followed. We have to admit that most of us fail to be creative for most of time nowadays. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter. In contrast, it is only judges of the highest courts who have the opportunity to create new law , and this is only when cases eventually reach the highest courts - a costly and time consuming process which can often take years; there is no guarantee that a case will even make it to the highest court, thus change may never occur. They must always ask what the law requires and not what justice requires. ADVANTAGES AND DISADVANTAGES A bicameral is two chambers; the Senate and the House of Representatives.