Law In Ensuring Justice Essay Example

they are deprived of the privileges associated with hegemonic masculinity such as control over women, jobs that offer technical expertise and autonomy, and financial and political authority. Culturally, African American men have faced stereotypes throughout history: during antebellum times they were depicted as docile and childlike, while postbellum era portrayed them as violent, sexually uncontrollable, and unintelligent. These stereotypes enable white men to view themselves as superior since African American men lack the mental and moral qualities deemed necessary for "civilized" individuals. This perspective is reinforced by several judges and government officials within court and governmental institutions.

The question of law's objectivity arises. Is law preexisting before legal decisions? Can legal reasoning be influenced by standards found within legal materials? In the twenty-first century, we can affirm a more nuanced position than Holmes' assertion in the nineteenth century. Indeed, the standards that guide legal reasoning can be inherent to the legal system, although never flawless. Positive law is a product of human efforts, a cultural creation, primarily established for moral reasons, to promote justice and the common good. In other words, law exists within what Aristotelians define as the realm of technique, but it is formulated within this realm for the sake of goals that pertain to the moral sphere.

So, human beings create normative systems of enforceable social rules for moral reasons, which have some autonomy from morality itself. These rules are intentionally designed to be analyzed and applied technically to establish limits on freedom of conduct and resolve disputes among citizens, governments, or between governments at different levels (Sandmann, 1991). To support this analysis and application, we establish a legal profession. The legal profession comprises

individuals who are educated in programs that teach not only moral philosophy but also the specific tools and techniques required for legal analysis, such as research, interpretation, reasoning, and argumentation...