Legal System and Laws
Related to the CLS school, but different, is the ecofeminist school of legal thought. This school emphasizes – and would change – men`s long-standing dominance over women and the rest of the natural world. Ecofeminists would say that the same social mentality that leads to the exploitation of women is the root of male exploitation and the deterioration of the natural environment. They would say that male ownership of land has led to a “culture of domination” in which man is not so much a steward of the existing environment or of those who are “subordinate” to him, but is responsible for making everything he controls economically “productive.” Wives, children, land and animals are considered economic resources, and legal systems (until the nineteenth century) largely granted rights only to men owning land. Ecofeminists would say that even with the increase in women`s civil and political rights (such as the right to vote) and with the recognition of children`s and animals` rights and some nations` concern for the environment, the legacy of the past for most nations still affirms the primacy of “man” and his domination of nature and women. At the local level, counties and municipal corporations or municipalities may be empowered under a state constitution to issue or issue ordinances. Examples of ordinances include local building codes, zoning laws and misdemeanors, or violations such as skateboarding or jaywalking. Many of the most unusual laws that make headlines from time to time are local ordinances. For example, in Logan County, Colorado, it is illegal to kiss a sleeping woman; In Indianapolis, Indiana, and Eureka, Nebraska, it`s a crime to kiss if you have a mustache. But according to reports, some states still have strange laws here and there.
Kentucky law states that every person in the state must take a bath at least once a year, and it is illegal not to do so. This is a matter in our federal court system that provides for a hearing or hearing in the U.S. District Court, an appeal to the Sixth Circuit Court of Appeals, and a final appeal to the U.S. Supreme Court. Teresa Harris, who lost in both the District Court and the Sixth Circuit Court of Appeals, here requested a certificate (asking the court to make an order to take the case to the Supreme Court), a motion that is granted less than one in fifty times. In other words, the Supreme Court chooses its cases carefully. In this case, the Court sought to resolve a disagreement between the various appellate courts as to whether a plaintiff can recover damages in a hostile work environment suit without proving “serious psychological harm.” It is easier to know what the law is than what it “should be.” Equality laws, for example, have specific laws, rules and decisions on racial discrimination. There are always difficult questions of interpretation and decision, which is why the courts will clarify different opinions. But how can we know the more fundamental “should” or “duty” of human equality? For example, how do we know that “all men are created equal” (from the Declaration of Independence)? Apart from questions about the equality of women or slaves who were not counted as equal men at the time of the declaration, can the claim be empirically proven, or is it simply a matter of a priori knowledge? (A priori means “to exist in the mind before and independently of experience.”) Or is the declaration of equality a matter of faith or worldview, neither scientifically nor rationally provable? The dialogue between natural law theorists and empirical theories about “what law is” will raise similar questions.
In this book, we will focus primarily on the law as it is, but not without also raising questions about what it could or should be. In civil law systems where codes exist, the main source of law is the Code, a systematic collection of interrelated articles[8] arranged by subject in a predetermined order. [9] The codes explain the principles of law, rights and prerogatives and the operation of basic legal mechanisms. The purpose of codification is to provide all citizens with morals and a written compendium of the laws that apply to them and that judges must follow. Legal texts are laws enacted by a legislator, although they are usually much longer than other laws. The Code does not contain a collection of laws or a catalogue of case law, but general principles as legal norms. [8] Other important legal systems in the world include common law, Islamic law, halacha and canon law. A number of other countries have a dual system. In such a system, religious rules govern and religious courts rule on matters such as marriage, divorce and family relations.
However, a secular system with state courts covers the broader areas of public and commercial law. This was the situation in England until the 1850s and it is now the case in Israel, India and Pakistan. In these dual jurisdictions, the proportion of human activity regulated by either system may depend on the level of economic and political development of the country concerned. There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether through the practice of sovereign States or through agreement between them in the form of treaties and other agreements. Some transnational entities, such as the European Union, have created their own legal structures. At the national level, the United Nations has more than 180 sovereign States. Many of them are federal and their components may have their own additional laws. However, some civil law systems do not correspond exactly to this typology.
