New Response Paper Topics
Greetings and salutations. Your second response paper is due Thursday, February 9. Write on ONE of the two questions below. Your paper should reference one or more of the current unit's readings"
· "Rhetoric and its Denial in Legal Discourse"
· "A Night in the Topics"
· "Law and Music"
Here are your questions--remember, write on one or the other:
1. What does the law sound like?
2. In what ways is law a science? In what ways is law an art? Is it MORE like an art, or a science?
Have fun writing. As usual, I can look at drafts of your paper up to 24 hours before it is due!!!
· "Rhetoric and its Denial in Legal Discourse"
· "A Night in the Topics"
· "Law and Music"
Here are your questions--remember, write on one or the other:
1. What does the law sound like?
2. In what ways is law a science? In what ways is law an art? Is it MORE like an art, or a science?
Have fun writing. As usual, I can look at drafts of your paper up to 24 hours before it is due!!!
posted by Matt J Stannard at 7:44 PM
11 Comments:
Just a comment on the visual setting in a court room. It is all about hierarchy. The most powerful person is at the front on in an elevated spot. Then next is the lawyers and clients pleading their cases. Then the jury off to the side. Then the insignificant bystanders sitting in the back watching for one reason or another. This might not be anything but it seems obvious i guess.
Scott Sheets
Hierarchy- To me it seems like nothing would ever be solved or no decisions be made in a timely mannor. If there is not a person who has the authority to make decisions and say what is going to be done. In a business or legal setting we would just have a bunch of people who think they know best and it would just turn out in chaos or endless arguments.
Scott Sheets
Neutrality- If a person is going to believe in and trust a system, he must feel that it is going to be fair to him as well as others. If not a person would never really feel obligated to abey rules or laws.
Scott Sheets
maybe nothing would get done without a judge but then why does Aristotle stress good laws made by many rather than taking a change with what judge would decide??
justina
A thought on what Justina and Holly are saying about judges. I think it is important to remember that most often judges are not MAKING the law, but instead interpreting it. For example in a criminal courtroom the judge is not making law but interpreting how it should be applied regarding the specific situation, and in a Supreme Court ruling they are deciding whether the law is justfiable based on constitutional analysis. Thus Aristotle's idea that laws should be made by the many not the few is still intact since most laws in the US are voted into action by a series of process and a number of people. It is just that judges need to help apply them.
Sorry that last anonymous was by Sara Whittle. I forgot to add it on the end.
While I agree that judges can help apply laws- think school desegregation or the break up of Ma Bell- they are by and large evaluators and valid-ation attendants to the law.
-Tony C. Yang
Hey Holly, it what way do you mean that in the old days they didn't have some of the crimes we do today. I think overall, for the major offenses there is a clear similarity. There is still murder, rape and abuse. Even back then they didn't have a word for rape, or terms of how to handle it, but it was still there and it happened. We have thinks like check fraud and computer problems (stolen identity, stock market problems ect.) but the major incidents still occured. I think that the laws are still based on the hierarchy like Scott said, because there was always someone in charge, the "sheriff" was there when the train robbers came into town, but they still maintained order in one fasion or another.
Laura
I agree with what Sara was saying--judges do not make up laws, they interpret them. Laws are set in place, and in many cases, the judges apply the laws on a case by case basis to determine their legality based on a constitutional analysis. What one judge may find to violate the constitution in one case, another judge may find that it does not. It's all up to their discretionary power.
Stacey
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