Jurisprudence Essay Case Study - Law Assignment Help

Assignment Task

If judges are denied the ability to consider that which is beyond the literal word of the rule of law, thus resulting in an unfair and unreasonable decision, legal formalism may defend against this occurrence, but ultimately this does not pass muster as a defensible theory of adjudication.

Firstly, like Hart, formalists argue no requirement to extend beyond the plain meaning of the law itself, separating the morality, context, and purpose when adjudicating.1 However, law is a social construct, as so too is language, inherently entwined to the morals that caused its conception. 2 Thus, the necessity in adjudication to refer to that which is beyond the plain meaning is conceded; allowing Judges ‘to do justice according to the circumstance of the case’ in a sense of individualized justice.3 Because of its rigidity in its scope and understanding, this theory of adjudication cannot lend itself relevant across all areas of law. And although this may result in a judge diverging from the law’s natural meaning, they do not step outside to the detriment of the lawmaker’s powers.

Secondly, in light of the above, courts adopt alternative approaches in line with their fidelity to the law as an unjust outcome would be in breach of this. To accept an unjust or unreasonable outcome not only contradicts the entire purpose of law but compromises a judge’s duty and the integrity of the law. Although the doctrine puts forward in defense that unjust laws should be criticized and changed. There is a lack, however, of clarity to the practicality of this. Without an all-encompassing approach for adjudication, this has proven to allow laws not from societal rights but derived from the privileged few.4

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