Wednesday, October 16, 2019
Which came first law or social change Essay Example | Topics and Well Written Essays - 1000 words
Which came first law or social change - Essay Example (Calavita 45) discuses the factor of racial classification in the fourth chapter titled ââ¬Å"The Color of Lawâ⬠where she explains how the differences in race apply in the immigration law and racial profiling. Legal pluralism is the existence of different legal systems that operate together simultaneously. These systems operate on different levels of the society and usually they do not contradict each other in their provisions. An example of a pluralist legislative system interaction is the United States of America federal system where federal state and local laws operate together. The legal system works to come into consensus with some legal issues, the legal issues here include the death penalty, rights, and gun control, and minimum wage policies. The other form of legal pluralism accepted globally across multiple jurisdictions, which include female genital mutilation, human trafficking, and environmental provisions. (Calavita 27) on her sixth chapter talks about application of law across individuals in society, she elaborates the difference between ââ¬Å"law on books and law in actionâ⬠apply. According to her, there are laws that allow unequal treatment of individuals in society. The law in this instance does not discriminate on race, sex nor class but its resulting action in the application due to its structure. Discrimination in this case becomes evident in the application of the law in a way that it favors the privileged at the cost of the disadvantaged. The courts in their decisions make them in a way to favor the haves. There is also sexual discrimination where the system favors men, and the women marginalized. Political and class biases are evident. (Calavita 88) Legal pluralism exposes the tension between the law and society. When individual across the boundaries and the law applicable contradicts with the current law or law to be applied seen to be
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