Question 2:
In Commonwealth v. Aves and Sim’s case 7 Cushy, chief justice Shaw came to two entirely different verdicts, which lead to massive controversy and questioning about his inconsistency on slavery issues. In Commonwealth v. Aves, Chief Justice Shaw made the decision to grant a 6-year-old girl named Med freedom after her “owner” voluntarily brought her into a free state (where slavery was abolished). A key term within this statement is that she was voluntarily brought into the free state; she did not escape from her masters. At this time, slaves were considered property of their owners, which technically means that comity, should be exercised. Comity meaning that an individual’s property in one state remains in their procession in another. …show more content…
Thin law is primarily based on the idea of procedural laws that make up a legal system that is meant to limit arbitrary power, whether it is tyrants or other legal figures. Thick law is substantive, that encompasses a much wider range of individualistic laws that protect human rights yet limit the power that a population as a whole has. Fuller’s theory on legality is congruent with thin law as he heavily emphasizes the 8 features that a legal system should encompass. The main features being clarity and constancy, which reside with a thinner rule of law; stating that laws should be concise, and citizens should have a clear view as to how to follow and conform to the law. Fuller discusses these key features as a relative control for the legal system to act upon, allowing judgments to be derived from these procedural laws giving a sense of rigidity and specificity. By having these procedural laws in place, it supports Fuller’s inner morality views that human conduct does have a place in the legal system, which shows that his theory is parallel with thin law. By having a thin rule of law, the subjectivity of case-by-case situations to be reviewed is better implemented. Fuller does show a slight regard for thick law in this sense, as he aims to protect citizen rights. However this can be done with thin law, by having a proper judicial system govern a democracy and giving judges the ability to act under their discretion. Fuller alludes to the idea that a legal system should have subjectivity and that people should have control over their democracy, however, by having a proper baseline of proper procedural laws, it can allow a society to function in a normative and efficient
In Commonwealth v. Aves and Sim’s case 7 Cushy, chief justice Shaw came to two entirely different verdicts, which lead to massive controversy and questioning about his inconsistency on slavery issues. In Commonwealth v. Aves, Chief Justice Shaw made the decision to grant a 6-year-old girl named Med freedom after her “owner” voluntarily brought her into a free state (where slavery was abolished). A key term within this statement is that she was voluntarily brought into the free state; she did not escape from her masters. At this time, slaves were considered property of their owners, which technically means that comity, should be exercised. Comity meaning that an individual’s property in one state remains in their procession in another. …show more content…
Thin law is primarily based on the idea of procedural laws that make up a legal system that is meant to limit arbitrary power, whether it is tyrants or other legal figures. Thick law is substantive, that encompasses a much wider range of individualistic laws that protect human rights yet limit the power that a population as a whole has. Fuller’s theory on legality is congruent with thin law as he heavily emphasizes the 8 features that a legal system should encompass. The main features being clarity and constancy, which reside with a thinner rule of law; stating that laws should be concise, and citizens should have a clear view as to how to follow and conform to the law. Fuller discusses these key features as a relative control for the legal system to act upon, allowing judgments to be derived from these procedural laws giving a sense of rigidity and specificity. By having these procedural laws in place, it supports Fuller’s inner morality views that human conduct does have a place in the legal system, which shows that his theory is parallel with thin law. By having a thin rule of law, the subjectivity of case-by-case situations to be reviewed is better implemented. Fuller does show a slight regard for thick law in this sense, as he aims to protect citizen rights. However this can be done with thin law, by having a proper judicial system govern a democracy and giving judges the ability to act under their discretion. Fuller alludes to the idea that a legal system should have subjectivity and that people should have control over their democracy, however, by having a proper baseline of proper procedural laws, it can allow a society to function in a normative and efficient