Tuesday, February 11, 2014

Are courts like a slot machine, if so why do we use such great expenditure on it?

The definition of a expansion slot machine for this sample is a machine operated by inserting coins into the machine and by clout overthrow on a long handle a chair would be generated after the correct input has been completed. The chief(prenominal) belief of this slot machine is that the result generated would al flairs be the equal provided that the input is the uniform. The concept that the judiciary being akin with this learning of a fixed outcome slot machine impart mean that for all akin(predicate) in content which concern the same well-grounded issues the output should at least(prenominal) in theory be the same. First we must construct the reason why we might bet the judicial dust is fixed like a slot machine, it is argued that similar cases should at least in theory be judged the same as they atomic number 18 based on the same legal reasoning and the legal theory governing the similar cases should be the same and so lead to the same result, this supp orts the line of reasoning of fixity in the legal system. However, similar cases do non unceasingly necessarily pay off to be judged the same way for pattern there has been a major change in likable perception in the issues concerned in the case since the prior case where the ratio decidendi could affect the outcome of the original one, an subject of this situation might be R v R [1992] 1 AC 599 the marital rape case where the courts have stated that times have changed and that the social circumstance of women was that they were not mere property of men but are equals and thus cases should be able to reflect the changing social views and ineluctably to be able to change. There needs to be an share of certainty in the judiciary processes to... If you want to derive a full essay, order it on our website: BestEssayCheap.com

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