The Legal Theory Of The United States Essay

866 Words Feb 19th, 2016 4 Pages
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, each person’s values are not the same as another’s. At one time law in the United States reflected the values of Christians and Biblical views. Most modern criminal laws were taken from the 10 Commandments found in Exodus 20:1-17(Holy Bible). In modern American law, the law is written and the Constitution is interpreted and applied in such a way that it balances the rights of all citizens but still maintains an acceptable level of control in society. This is why the law has moved from the natural law to sociological law.
Sociological law is the thought of “judges and legislators should make laws according to contemporary community standards, first surveying standards and then changing the law to conform” (Thetford, 2016). In Paul…

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