LS308 Unit 2 Assignment - The current legal system being used in the U.S today is Common law Common Law came from England during the Middle Ages and was

LS308 Unit 2 Assignment - The current legal system being...

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The current legal system being used in the U.S. today is Common law. Common Law came from England during the Middle Ages and was used in British colonies. Common law is mostly uncodified, which means that there’s no comprehensive compilation of legal rules and statutes. While common law does have statutes, it is mostly based on precedent. Precedent is the judicial decisions that have been made in previous cases and it is both binding and persuasive in court when deciding cases with similar facts and/or issues are being decided . The legal system is complex and has many functions and dysfunctions and plays a huge role in society in that it governs how people in society act and although it governs how society acts, this does not mean that the law is autonomous and separate from society and its social phenomena. The most important assumption of law is that the legal system is not autonomous. Friedman states that an, “autonomous system is one that operates under its own rules, that grow, changes, and develops according to its own inner program” (Tomlins 2007). If law were autonomous it would mean that social phenomena such as politics and culture would not affect how the law functions, this is clearly far from the truth. Although law is considered to be somewhat autonomous from society, it is not nearly as autonomous as scholars used to think. In modern society it is almost impossible to believe that law is completely separated from society. In fact it seems to carry with it a fairly deep imprint of the society in which it is a part of. Friedman’s theory is basically saying that law is imbedded in society, which I tend to agree with. Take for example the issue of same sex marriage. Fifty years ago just the idea was unheard of, because fifty years ago it was not socially acceptable and was in fact illegal. Fast forward to today, we can see how society has adapted and changed its ideals of what a relationship looks like and what it is socially acceptable; thus the law followed we need not look further than the landmark ruling by the U.S. Supreme Court that legalized same sex marriage.
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One Social Function of Law is called the Social Control. It is considered to be one of the most important functions of our laws; otherwise society would be much more chaotic. Social
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