Monday, November 25, 2013

Lincoln Dred Scott

"Judicial decisions are of greater or less authority as precedents, according to circumstances. That this should be so, accords both with common sense, and the customary understanding of the legal profession."

This passage highlights the role of judgement in cases; and the notion that this sort of decision making should inhibit the human instincts for common sense. Being that judicial leaders are carefully selected, it is a shame the legal perspective of this case is empowered and altered to overpower the humanitarian side of it. This makes it unbearable to imagine what future cases might look like with this kind of judicial system. This passage relates to our course because the 3 branches are divided i a way to maintain power, however it seems as though the balance of power was lacking around this case. However, at a time where you would think progress has been made, there is still the slight lack of common sense and critical and judicial thinking in the law system; for example, the Trayvon Martin case. Though the judicial system has advanced a little bit, it still has some glitches and flaws.

1 comment:

  1. What was there to be afraid off? Why did the Anglos restrict the blacks from attaining even basic human rights? Was it racism? Was it because they were afraid of what the blacks could achieve? This study of slavery has opened my eyes and mind to the biggest blight in this country’s history. The patriot fought for their freedom from repression from England, yet still they enslave their fellow man, even though it implicitly states in the Declaration of Independence, that all men are created equal. Slavery was such an enigma, and it hard to believe that it reared its ugly head for almost two hundred and fifty years, before it was finally abolished by Lincoln in 1865. But, the strangest thing I read about slavery was that blacks owned slaves too. I came across a story about “John Casor,” who became the first legally recognized slave in the present United States. He was owned by the black colonist, Anthony Johnson.

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