Law in Contemporary Society

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CourtneyDoakFirstPaper 5 - 15 May 2012 - Main.CourtneyDoak
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 So I sought to explore the application of my epiphany to the full range of legal experiences, to cases involving more complex human affairs, where right and wrong aren’t immediately discernable from the record. On further reflection, I have come to understand that in practice oftentimes it simply won’t be possible to implement functionalism in a manner understandable to a child, as my lawyer was able to do for me.
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<		However, I do still fundamentally believe in the principle underpinning my initial conclusion, if not its practical application. I still believe that transformation to a functional approach to law is key to making room for ethical appraisal of the legal system. Thus, while speaking and writing as though to a child may not always be possible, perhaps what is more important is simply for judges and lawyers to replace the fictions of traditional jurisprudence with honesty in their spoken and written word.
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>		However, I do still believe in the fundamental principle underpinning my initial conclusion, if not its practical application. I still believe that transformation to a functional approach to law is key to making room for ethical appraisal of the legal system. Thus, while speaking and writing as though to a child may not always be possible, perhaps what is more important is simply for judges and lawyers to replace the fictions of traditional jurisprudence with honesty in their spoken and written word.
 Such honesty could form the starting point for functional analysis, as we would have a more realistic conception of ‘law’, as defined by Justice Holmes in The Path of the Law: “prophecies of what the courts will do in fact”. Perhaps such functionalism will in turn eradicate the use of amoral legal principles and open the door to a legal system informed by human values and conceptions of morality. It is transformation of this kind that would truly render the law worthy of my childhood reverence for it.

Revision 5r5 - 15 May 2012 - 14:30:14 - CourtneyDoak
Revision 4r4 - 15 May 2012 - 03:33:31 - CourtneyDoak
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