Jul 17, 2017 Research papers

What, if anything, stops judges from imposing their will upon society?

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Law and society: Myth of the Robe

INSTRUCTIONS:

This essay should include introductory and concluding paragraphs, as well as a clear thesis



must use book: Lippmann, Matthew R. 2015. Law & Society.

Congressional Quarterly Press: Washington. ISBN-10:

1412987547 ISBN-13:9781412987547



While the “myth of the robe” suggests that judges should eliminate their personal preferences from their decisions, a wealth of scholarship indicates that judges are shaped by their personal preferences. What, if anything, stops judges from imposing their will upon society? Under which conditions can a court use its decisions to prompt legal and societal change?

CONTENT:

Law and society Insert name: Institutional affiliation: Due date: Traditionally, judicial branch has been viewed as a different standpoint from legislative and excutive braches. According to the Myth of the Robe, legislative and executive branches are political entities while judicial branch and judges are nonpolitical interpreters of the law (Lippman, 2015). Based on a question concerning who should interpret the implication of the constitution, it is identified that members of the legislative and executive branches are much involved in issues regarding politics. The Myth of the Robe considers judges as true nonpolitical interpreters of the law. The focus of this study is to explain why the Myth of the Robe recommends that judges should eliminate their personal preferences from the ruling decisions, and why legal scholars claims that judges are shaped or infl

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