Judicial Originality And The Legal System - 1515 Words

Topic 2 By: Raylen White Judicial originality is the most fundamental principle in the legal system. Judicial originality to me means being able to make a decision based off the effects. If a judge has had a case in the past similar to a current one, the judge can base his current decision using the same discretion or rule he used before. Dworkin wrote a paper about this, he argues that judges should not be able to create laws through the effect of their decisions. He has two arguments about why judicial originality is not a good thing for society. In this paper I will talk about these arguments and if Dworkin has the right to claim that this argument has no force against it. The first argument he had against judicial originality was that a community should be govern by men and women who are elected by and responsible to the majority. This means that most judges are not elected by a wide spread of the community, and if they could make their own laws they would not benefit the community. It is important that the community has a say on what should be a law and what should not be a law. If judges were to make laws that would be a contradiction to the theory of separation of powers. It would seem to be that judges are analogous to the legislature, which in fact, they are not because the legislature is elected. â€Å"Policy decisions must therefore be made through the operation of some political process designed to produce an accurate expression of the different interest thatShow MoreRelatedWhy A Property Should Be Protected Or Not : Originality And Reproducibility1413 Words   |  6 Pagestwo criteria in determining whether a property should be protected or not: originality and reproducibility. We must first understand the different nature of Chinese characters. 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