Some legal philosophers argue that laws are nothing more than the exercise of power. According to this view, laws are not valid on the basis of whether it is socially good or bad. Democracies, tyrannies, and monarchies have produced socially beneficial laws and also unjust laws. What these different governments have in common is that each is based on power and that possessing the power to enforce its laws is essential to each government's existence.
It is important to note the aspect of power when examining the origin and development in the United States. The British victory over the French in the French and Indian War and the signing of the Treaty of Paris in 1763 preserved the English common law system for what would become the United states. Had
the French been victorious, there may have been the establishment of the civil law system. The English common law system developed over may centuries, as judges decided cases, rules were established and recognized as judicial precedents. This made it possible for cases raising a particular issue to be decided in particularly the same way throughout England.
Statutory law is enacted by the legislative branch of the government through the legitimization of power. Politicians are influenced by interest groups, which are organized for the purpose of advancing its interest into policy. Policy is defined as the course of direction that the government has decided to take as it relates to any particular issue. There is a system of checks and balances hav
All papers and essays are for research and reference purposes only!
Copyright 2002-2009
Direct Essays , LLC. All Rights Reserved. DMCA Webmasters make $$$$