Monday, March 25, 2019
Inaccurate View of the Legal System Essay -- Law Jury System
Although ofttimes interpreted differently by individuals, heavy rights, human rights and the jury clay be essential features of the legal system. Nielsen believes that the main purpose ofrights is to protect individuals, while Hajjar portrays the objective of the legal system asrecognizing and respecting certain inherent human rights. Further, Dooley under bear outs the jurysystem as essential for ensuring a democratic and fair trial procedure. As rights and the jurysystem are realiseed according to these varying objectives, it seems there is a cosmopolitan assumptionthat the legal system is intended to protect individuals from the power of the government.However, individuals twinge idea of how the law works can be contrary to the real workingsof the legal system. Rights and the jury system create the expectation in people that they will beprotected from the power of the government, and yet these expectations a good deal remain unfulfilled,creating a disconnect between the i dea of protection and the worldly concern of the legal system.In her article The Work of Rights and the Work Rights Do, Laura Beth Nielsen assertsthat legal rights are important for protecting individual autonomy and resisting the arbitrary or magisterial imposition of state power (Nielsen 63). In the case of traditionally separategroups, rights have provided a sense of power as a address result of their nature. Nielsen explains,Rights are said to apply equally to everyone, they are neutral, and are backed by thelegitimate authority of law and the state, and that Rights are often thought of as naturallyinhering in persons (66, 68). Because many minority groups view rights as inalienable,absolute, and supported by the government, they... ...ermining the very ideal that rights seem to stand for. The inconsistency between expectationsand individuals lived experiences seems to show that rights and the jury system are completeto our democratic society, but only when the government f eels they should be so.Works CitedMLA honorable mentionDooley, Laura Gaston. Our Juries, Our Selves The Power, Perception and Politics of the CivilJury. Before the Law An Introduction to the profound Process. Ed. John J. Bonsignore., et.al. Boston Houghton Mifflin Company, 2006. pp. 450-453.Hajjar, Lisa. Human Rights. Reader 55-62.Margulies, Joseph. A Prison beyond the Law. The Virginia Quarterly Review. Reader119-128.Nielsen, Laura Beth. The Work of Rights and the Work Rights Do A minute Approach.Reader 45-79.Toyosaburo Korematsu v. United States, 323 U.S, 214 (1944). Reader 91-102.