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Unit 2 Seminar
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Unit 2 Seminar
Law cannot be defined in a single definition. According to Austin (1875), law is defined by supreme power, by persons in the authority of the state and by the permission of the sovereign power. Law is also defined as the force which is being implemented by the authorities on the individuals or the groups. Individuals and people obey the law because of fear, and they consider it ethically wrong.
Law is implemented on the basis of race of individuals and groups, we can consider this as inequality administered by the justice system. We have an example from the year 1991 when Rodney King was beaten brutally by the cops of Los Angeles. Authorities have been using law as their tool to implement unnecessary laws and punishments. Different school of thoughts give us perspectives about law as a tool and its importance. Orthodox Marxists consider law and state as those tools which can be used by the elites to suppress and rule over the working class to continue their power and supremacy. According dialectical class of thought, law can be an effective tool to rule but the ruling class is limited. Law cannot be a tool for the ruling class to oppress working class. The third class of thought, Functionalist perspective is that law helps to preserve societal order and increases the possibility of life by settling the disputes, providing freedom and security which can bring a change.
When it comes to power and law implementation there should be professionalism in each department. Most of the time discretions by police are accepted because there is no supervision at operational levels and on a larger amount officers are not taken under the supervision of senior officers (Pagon, 2003). In a report by Equality and Human Rights Commission black people were targeted more, prosecution rate and the death penalty for blacks were three times higher as compared to white people. 30.5 percent of one million blacks were killed while 8.9 percent for white people.
References
BIBLIOGRAPHY Austin, J. (1875). Lectures on Jurisprudence: Or, the Philosophy of Positive Law. J. Murray.
Pagon, M. (2003). The Need for a Paradigm Shift in Police Leadership in R. Adlam and P.
Villiers (Eds). Police Leadership in the Twenty-First Century: Philosophy, Doctrine
And Developments Hook, Hampshire, Waterside Press: 157-168.
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