Having successfully established the existence of legal instruments, it is important to analyze the mode of implementing the written laws. Laws do not exist in a vacuum, they exist in a society and the society has forever been known for its resistance to change. Take for example a scenario in which the legislature enacts a law which makes corporal punishment for children illegal.
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Present the scenario in a societal setting which has carried out this practice for long. Obviously, the expected outcome is some form of resistance from the society. With the law in place and the prevailing resistance, the court must step in and either implement the law as is or interpret it to determine its legality.
An effective court system is a sure way of ensuring the operability of any legal instrument. When the legislative arm of government enacts laws, there should be some form of certainty as to its implementation and most especially where the legal instrument is sound. In cases where the courts are not keen to reinforce the legislature’s efforts, it can be said that the whole system has failed. That notwithstanding, seeing as the court is a big part of the government, most times the blame falls squarely on the government.
Although courts are meant to promote justice, one can positively say that at times it becomes hard to further this mission and objective. The evident legal divide is a common feature in the court rooms (Brico, 2018). As per s research by the American Psychological Association the likelihood of abusive fathers succeeding in custody cases is way higher than that of the abused mother (Brico,
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