The prevailing legal theory in the United States has changed since the creating of the United States Constitution in 1789. As time has unfolded and our nation has grown, the legal theory has changed from a natural law ideology to a sociological law ideology. This is partially in part to the change of society from a religious based morality to a more atheistic view or morality-less approach.
The Constitution is the foundation of the law in the United States. It was designed to be a malleable document that has been amended twenty-seven times. At the time of its inception, the Constitution was designed for minimal interference by the federal government for private citizens. With America being the “melting pot” of different people and cultures, …show more content…
In Paul Rickert’s article, Legal Positivsm: The Leading Legal Theory in America (2005), the author states “Legal positivism began to take root in the American legal system after Natural Law fell into theoretical quicksand generated by Darwin’s On the Origin of Species (1859)” (pg 2) . While Rickert’s opinion of the legal theory is toward Positivism Law, the truth remains the same with regards to Sociological Law. As society moved away from Natural Law and the law standing on moral Christian principles, the community standards of morality and justice began to change. This change is due to a change in what society holds to be right or wrong. Based on society’s beliefs, the Supreme Court Justices will determine a ruling on that …show more content…
Simmons. This case is based on the fact that 17 year old Christopher Simmons was sentenced to death in 1993. After several appeals at 5-4 opinion by the Supreme Court ruled “that standards of decency have evolved so that executing minors is "cruel and unusual punishment" prohibited by the Eighth Amendment. The majority cited a consensus against the juvenile death penalty among state legislatures, and its own determination that the death penalty is a disproportionate punishment for minors” (Oyez.com, 2016). For centuries, children were deemed as “second class citizens” who had no rights. As society changed its view of children, i.e. child labor laws, then the courts began to change its view of punishment for children as well. According to Michael Wells, “Court is at least as much concerned with presenting its holding in a way that will win allegiance from its audience, or at least deflect and soften criticism” (2007, p. 1011). Wells further goes on to state that the Court is more concerned with the sensibilities of the public than with the reasons that drive the outcome of the cases heard (Wells, 2007, p.
The Constitution is the foundation of the law in the United States. It was designed to be a malleable document that has been amended twenty-seven times. At the time of its inception, the Constitution was designed for minimal interference by the federal government for private citizens. With America being the “melting pot” of different people and cultures, …show more content…
In Paul Rickert’s article, Legal Positivsm: The Leading Legal Theory in America (2005), the author states “Legal positivism began to take root in the American legal system after Natural Law fell into theoretical quicksand generated by Darwin’s On the Origin of Species (1859)” (pg 2) . While Rickert’s opinion of the legal theory is toward Positivism Law, the truth remains the same with regards to Sociological Law. As society moved away from Natural Law and the law standing on moral Christian principles, the community standards of morality and justice began to change. This change is due to a change in what society holds to be right or wrong. Based on society’s beliefs, the Supreme Court Justices will determine a ruling on that …show more content…
Simmons. This case is based on the fact that 17 year old Christopher Simmons was sentenced to death in 1993. After several appeals at 5-4 opinion by the Supreme Court ruled “that standards of decency have evolved so that executing minors is "cruel and unusual punishment" prohibited by the Eighth Amendment. The majority cited a consensus against the juvenile death penalty among state legislatures, and its own determination that the death penalty is a disproportionate punishment for minors” (Oyez.com, 2016). For centuries, children were deemed as “second class citizens” who had no rights. As society changed its view of children, i.e. child labor laws, then the courts began to change its view of punishment for children as well. According to Michael Wells, “Court is at least as much concerned with presenting its holding in a way that will win allegiance from its audience, or at least deflect and soften criticism” (2007, p. 1011). Wells further goes on to state that the Court is more concerned with the sensibilities of the public than with the reasons that drive the outcome of the cases heard (Wells, 2007, p.