1. Do you think that a major purpose of the law should be to generate social cha

Question

1.         Do you think that a major purpose of the law should be to generate social change as it is in socialist law? What positive and negative (in your opinion) social changes have taken place in the United States due to law rather than “natural” change?

2.         What is the major difference between the stance of the government of the former Soviet Union and the stance of the government of the United States toward their respective constitutions?

3.         Do you believe that the US Supreme Court should function according to the ideals of strict constructionism or of a “living, breathing” constitution? Explain in detail.

4.         In your opinion, has the Supreme Court done more harm or more good for the average person in the United States over the last 200 years? Explain your position.

5.         Are you pro- or anti- “social justice” as defined in the debate in this chapter? Explain your position, why?

Explanation / Answer

#Ans1: The Social law or a soviet law is generalized legal system which has been accepted by the communist/socialist states. It is based on The karl Marx philosophy of school of socialism which saw capitalism with more pessimistic point of view as accroding to him the profit of an entrepreneurs/capitalist comes from explaoitation of proletariates who rise against the bourgeoisie and through the class struggle capture the modes of production.The social law is charaterized by the public (Government) onwership of means of production and aboilition of private onwership of means of production. The social law thus pitch strongly for the government intervention for the social benefits of the poorest of the poor and makes the govt the accountable towards them.
Citizens empowerment and welfare is the supreme purpose of the laws and a good law should always strive to bring the societal change and bring society towards prosperity. However it should also be understand that we should not compromise on our strategic fields(ex atomic energy, environment).

#Ans2
There exists a basic ideological difference between the two country's constitution and so the goverments.
US have embraced capitalism and support the development through market mechanism (based on supply-demand concept)

Soviet Union on the other have socialist consitiution and believes the government intervention is necessary and should be there for public welfare.

Please ask the rest question in separate question.

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