Judicial creativity essay. Judicial Creativity Essay Plan (Concepts of Law) 2022-12-17
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 Free Essays
We have to admit that most of us fail to be creative for most of time nowadays. 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. The doctrine of precedent is based upon the stare decisis principle; this means that judges must stand by what has already been decided. This includes departures from precedent or teleological interpretation of statute. In the area of statute law at least, judicial creativity can be regarded as the exception rather than the rule.
Judicial Creativity Essay
The court hierarchy is incredibly restrictive and allows for very little judicial creativity. Though it is important to note that allowing judges to alter previous decisions and subsequently the law, can lead to uncertainty. Proponents of natural law believe therefore that in common law, legal solutions exist as objective moral norms which may be found through reasoning. Statute Law is the most important source of the principles and rules making up the British constitution because parliament is the sovereign body. I will reflect at how far the binding precedent goes to ensure the existence of both certainty and flexibility in common law. Is It Possible For Judges To Exclusively Apply The Law? Which of the statements below most accurately reflects the constitutional position between the legislature and the judiciary: a Parliament encourages the judiciary to make law through the process of statutory interpretation because it does not have enough parliamentary time to enact laws itself.
Judicial Creativity Is Basis of Judges
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. 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. Discuss the extent to which judges do create and develop the law. The doctrine of judicial precedent seeks to provide consistency and predictability in law by virtue of the application of the principle of stare decisis which means to stand by the decided. This is known as stare decisis to stand upon decisions and by which precedents are authoritative and binding and must be followed.
Judicial Creativity Essay Plan (Concepts of Law)
Let us explore these arguments in more detail. . In the area of statute law at least, judicial creativity can be regarded as the exception rather than the rule. If a defendant commits an act which is not considered criminal, but the judge then decides that it is, therefore changing the law, this would be considered unfair for the defendant. However, the modern doctrine of precedence can be seen to have departed considerably from this position, especially with the advent of the Practice Settlement 1966, which contra to London tramways, allowed Lords to depart from its previous decisions.
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. Parliament are supposed to be the power that creates the law that the government have proposed which leaves the judges to apply it to cases. By reviewing cases of dubious outcome, they can protect the rights of the individual rather than letting the government figuratively, walk all over them. Most of the major corporations today have maintained their creativity and encourage their employees to be creative in order to survive the ever changing global economy. Conclusion On balance it is clear that judges often create the law, especially when issues of moral or political contention are at stake. Interestingly he refused to adopt a creative stance to reverse a decision which he disagreed with as it was made in a creative capacity.
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. 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. Judges look at a previous case, which is similar and in an equal or higher court and they will then use this information to decide… Judicial Branch Essay The Constitution does indeed provide a system of separation of powers and checks and balances. With this being said, all separated powers are completely and totally equal, all three of them. ADVANTAGES AND DISADVANTAGES A bicameral is two chambers; the Senate and the House of Representatives. The court had to decide which of two precedents these facts were analogous to theft from a train or hotel.
Judicial Creativity Essay Plan
Creativity is a fundamental factor and is an important aspect for the continued success of any prosperous corporation. There are 3 types of Precedents; Original, Binding and Persuasive. Proponents of natural law believe therefore that in common law, legal solutions exist as objective moral norms which may be found through reasoning. All the branches have their own duties and responsibilities that are a huge impact on our Nation. We need to have that second opinion so we have an equal discussion on all matters in the United States. The power and decision of the judges on a verdict should be strictly follow the law and US Constitution. The Court of Appeal quashed the conviction and ordered a retrial, at which the defendant was found not guilty.
This can be observed in Adams v New Jersey Steamship where a claimant sought compensation after a theft in his room rented on a steamship. Discuss whether judges should be able to develop the law 30 marks+5marks for AO3 A French philosopher, Montesquieu, introduced the separation of powers theory in the 18th century. The court has the right to choose its cases, but these are brought before them not sought after by the court. They must follow precedent of higher court judges. They would suggest that the judges had posited new law, derived not from morality, but social norms. 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. For Premium Problem solving Creativity Creativity at Work For a lot of people it can be a bit difficult to remain creative at work.
Change in the law, which could lead to uncertainty. 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. Moreover, the Doctrine of precedent consists of binding precedent and persuasive precedent. 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. 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. . Previously judges made decisions solely on what they believed, without mentioning existing cases.