The discussion for this week is “The purpose of law and particularly judicial decision-making is to preserve the status quo. Do you agree or disagree”? When examining the status quo it is a good idea to grasp the general concept of it.
Merriam-Webster Dictionary (2012) describes preserving and status quo as:
1: to keep safe from injury, harm, or destruction: protect
2a: to keep alive, intact, or free from decay
Status Quo; the existing state of affairs
When talking about status quo in judicial decision making a good idea is to examine social jurisprudence and legal formalism points of view to examine and identify the purpose of the law and to help explain the interaction of the law and courts play with one another. Once law is established one can examine the connections between law and society and how they interact with one another to help create the status quo and decision involving law.
Social jurisprudence is the study and theory of law, which tries to answer the questions of the problems with internal law and legal systems, and problems of law as a particular social institution as it relates to the larger political and social situation in which it exists. When examining law, we must see how the law itself fits in with society social norms, not only does this law have to make sure it does not conflict with the charter of rights and freedoms, it must also carry the intentions implicated by society. Natural law is a type school of jurisprudence which helps to specify rational objectives limits to the power of legislative rules. The foundation of law is accessible through human resources and it is from these laws of nature that humans gain whatever force they have. “Process of social control, laws main purpose is to ensure the survival and advancement of society (Pavlich 60).”
Legal formalism is a theory that law is a set of rules and principles independent of other political and social institution. “No more than the formal legal rules, doctrines, and principles underlying high court decisions; adding that law could only be discovered by carefully and systematic analysis of this case law (Pavlich 56).” Basically, the law is a code of conduct which clearly defines what a person can do or cannot do. This has been agreed upon by studying cases and coming together as society to initiated standards of behavior and action.
Therefore to answer the initial question, I would agree that the law’s purpose and particularly judicial decision making is to preserve the status quo, by helping regulate the needs of society and defining such rules and regulation. These laws are then interrupted and constructed with the intent to help instill preserve the survival and advancement of society by collectively creating guidelines which humans can live and abide by.
Pavlich, George (2011). Law & Society Redefined.