Law Jusitice

QUESTION:

3.‘An essential element of liberalism and the rule of law is the ideal that all persons stand equal before the law… these claims to equality are powerful legitimating forces in legal culture. Yet it is clear that the law has not been able to eradicate inequalities based upon social class, gender and race – the law and legal arena is not able to remedy many (if any) of the structural causes of disadvantage’ (Bottomley & Bronitt, Law in Context, p. 282). Can specialist courts mitigate against the power imbalances of traditional courts? Discuss the potentials and limitations of specialist courts, reflecting on the key concepts of power and justice, AND the notion of structural disadvantage as mentioned in the quote (e.g. race, gender, class). Critically discuss ONE specialist court from the list below:

a. Drug court

ABSTRACT:

Liberal states proclaim equality within it, where individuals are willing to make decisions based. However this equality is violated in many ways due to vivev socioeconomic inequalities in many countries. Likewise democratic states that are guided by a liberal ideology claim that any individual has the possibility of going to courts but many members of society are not able to be prosecuted or go to an ordinary court.

This essay aims to analyze how more special courts, drug courts specifically help mitigate the gap of inequality before the law that exists in democratic states. how are you legal courts favor individuals in society and their efficiency or inficacia in the judicial system. it also aims to evaluate the effectiveness or implementation in countries with high drug addiction problems.

ANNOTATED BIBLIOGRAPHY:

• O’Malley, K 2010, Federal jury practice and instructions civil, Thomson Reuters.

O´malley examines in one of the chapters in a broader way how the individuals are equal before the law in the government and private organizations . this article is important because mentioned the principles which should govern the equality before the law for people in society.

• Belenko, S 1998, Research on drug courts a critical review, National Drug Court Institute Review volume I Columbia University.

This author makes a research on the effectiveness of drug courts operations and impacts, comparing it with traditional methods of adjudication of justice. Also evaluate how this types of courts help to reduce the costs in the penalty justice, reducing the imprisonment of individuals and favors the rehabilitation of the same.

• Hart, H 1994, The concept of law, Clarendon press Oxford University, New York.

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