common law system and ideology

Satisfactory Essays
Topics: Law, Common law
Legal System of HK
Seminar 2: Common Law System and Ideology (9/9/13)

Substantive justice VS procedural justice

Influence of external forces on legal system, they interact in the law making processes and affect what is morally right or wrong, law is not the only tool responsible for maintain social order, people have private life and other systems (social control, culture, religions…) to guide people’s life and behaviours

LAW: Certainty, predictability, there should be an authorities to refer to, neutrality, but law is not necessarily represent a neutral stance in some issues, it represent some hidden values and choices about morality, politics, social characteristics…

W’s case: religion – recognize her = recognize same sex marriage

We respect the law that represents us. But in HK, the legal system is of little representation although it seems to be representing different parties. Law as an institution to uphold values we share as a society, law has a moral, cultural, religious content, because of historical reasons.

Private sphere VS Public Sphere, should law interfere private sphere?

Morality of obeying bad law: we may obey law even though we do not agree to them because the fear of sanction, so it requires strict obedience, but they should not violate their morality anyway

Edward Snowden, he violates the law at personal cost to serve the public good, but he adheres to values that should be respected

How can we change and reform the law?
-Go to the legislature
-Apply for judicial review, because the law in its present stage is not perfect, like W apply for judicial review to argue for broader definition of women

Batman: Vigilante or Criminal?
Everyone should be under protection of the law, if there is a vigilante who takes the law into his own hand, there is not a check of balance of power, he may abuse the power of law enforcement which he is not entitled to

Dexter Morgan: Identify the murderers, catch them and kill them,

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