Functions and Role of Law

Paper Summary:

This paper introduces the idea of adjusting the current legal system to be more multiculturally sensitive and the difficulties that surround such an adjustment. Some examples of cases that pose complications in achieving a sensitive justice system are cited as well.

From the Paper:

"Society encompasses a wide variety of beliefs, morals and values - some of which are common, many of which are contradictory. This comes with a multicultural society such as America's. Friedman (2001) stated, "It is misleading to talk about social values, roles, and functions of law as if 'society' were a single thing." Given that law stands for the society, which it governs, it does not simply represent what members of society have in common, but also appar nt conflicts. For this reason, Fletcher and Sheppard (2005) are generally right when they say, "the goal of having a multicultural s nsitiv l gal system is harder to realize in practice than it may sound in theory." Although it sounds simpl to adjust th curr nt l gal system to be mor multicultural s nsitiv - to suit minority groups and their native culture - it is much harder in practice. This is primarily due to the fact that America possess s a dominant culture, which is gr atly gov rn d by the l gal syst m. To manipulat th s major fac ts of soci ty, m r ly for minority groups would cause uproar in the majority. Put simply, to adjust laws for som and not oth rs would s m unfair for those to whom the adjusted laws do not apply."

Sample of Sources Used:

• Friedman, Lawrence M. (2001). A History of American Law: Third Edition. New York, NY: Touchstone Rockefeller Center.
• Fletcher, George P., & Sheppard, Steve (2005). American Law in a Global Context: The Basics. New York: Oxford University Press, Inc..
• Friedman, Lawrence M. (2001). A History of American Law: Third Edition. New York, NY: Touchstone Rockefeller Center.

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