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My daughters prof asked her class to: "Evaluate critically

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My daughter's prof asked her class to: "Evaluate critically that law represents processes that are inherently violent." (She is not a law student.) She's asked for my help with this question, and I'm struggling. Any thoughts or ideas would be GREAT!
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
Obviously the professor is not a lawyer either. Lawyers in the class would have ripped this bogus assignment to shreds in seconds. The topic; "... that law represents processes that are inherently violent." Makes no sense at all. What is meant by “represents processes”? Does “represents” mean utilizes? What are “processes”? does it mean procedures? Legislation? I suppose the key words are “inherently violent” . I suppose I would answer that by writing about the fact that the purpose of law is to provide regulation in human contact so as to avoid violence between human beings. The nature of a legal system though is to provide rules and regulations by which individuals relate to one another. The inherent nature of law and legal systems is theoretically the elimination of violence. We as citizens accept the rule of law because we see that it is in our own best interests to do so. But when that is not seen to be the case by the citizen, then any legal system contains provisions for enforcement. Those in the society who are charged with the responsibility of enforcing the laws will necessarily have to use violence on occasion. This is especially true in the realm of criminal law enforcement. But violence is not necessarily inherent in the legal system itself. Just the opposite, the entire purpose of the system is to avoid it and punish it when it occurs in violation of the laws that the body politic has established.
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Customer: replied 1 year ago.

My daughter asked him for clarification of the question and this is what he wrote:


"The way to approach all questions on the exam or any exam for that matter is to determine the extent to which the material from the class relates to the topic under consideration. You would then sift through the evidence that the class has in common (readings from both textbooks and class discussion) and determine how the evidence might lead to a conclusion to the question. In the first question that would be the extent the evidence supports the idea that the
decisions of courts that we have examined have integrated the four factors that Carter and Burke suggest. Similarly, the last question asks whether the cases and materials we have covered in the class support the notion that law is inherently violent. There is no single correct answer to these questions merely different interpretations of the evidence that the class has covered. The objective is to demonstrate that you have read and understood the material in an
appropriate manner for an advanced class.

Expert:  Irwin Law replied 1 year ago.
Hello and thanks for the reply. Not knowing what materials the class covered, I can't comment much further, except to reiterate that the terms law or legal system and violence are fundamentally antithetical. The exception might be that the law employs the police powers of the state for enforcement, and that can connote violence i.e. forcible acts by the state, but it doesn't mean that law itself is inherently violent.

I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business
Irwin Law, Attorney
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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