Law has several philosophical roots. Your textbook briefly discusses four. Based on your reading and in your opinion, of the four discussed, which best reflects the state of “the law” in American society today? Would this be different if you took a global view?
DT2: Judicial Review
Let’s look at the question of the power of the courts and the doctrine of judicial review. You might want to review Marbury v. Madison from your textbook or other source to get a perspective of judicial review as applies to the U.S.
In a country in which a constitution sets forth the basic powers and structure of government, some governmental body has to decide whether the laws enacted by the government are consistent with the provisions of the constitution. Is this a task best handled by the courts? Would your answer be different depending on whether the judges in such courts were elected or appointed for life? Can you think of a better alternative? Should the doctrine as set forth in Marbury v. Madison be followed today
Someone might ask: “What is ethics?” We know that ethics is the study of what constitutes right and wrong behavior. Ethics is involved in the answers to such questions as What is fair? What is just? What is the right thing to do? Ethics is not an abstract or static concept—values and moral convictions influence a thousand everyday actions and decisions. For this DT, dig a bit deeper. How does a law become to be an expression of an ethical principle? Does a company have a duty to act in socially or politically beneficial ways?
Take a look at
(a YouTube clip of an interview with the late Justice Antonio Scalia) concerning whether the US Constitution is dead or evolving. What do you think? That is, should the Constitution be treated as any other law?
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