Please Brief: "Brown vs. Board of Education ". located on Page 5 of your book.
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2. Then read the case on Page 5, and brief the case using the "IRAC" format.
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CH I LAL HERITAGE AND THE DIGITAL AGE 5 Flexibility of the Law U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the world. The following quote by Judge Jerome Frank discusses the value of the adaptability of law: " L a estable and wir and Sil." Roscoe Pound Turpretation of Legal Mistery (1923) The low any h et, is not and control, largely uwandurile www. d rarhere he lower with marione in bror Nicated a sole confund bin A rbeiter of life parades fore it more con despica The content de profundit premies a la system capable widity and Niany. Our ralphanume of the cours hakea of the l i ne and it to the mais of rochain oral indi an political conditions abowochure Leadel af rules of the more or less i n and therefore nor icely calmlable. Much of the uncertainty of law is not an unfortunate accident, it is of immense social www CRITICAL LEGAL THINKING Are there any benefits for the law being "wage and variable Are bright line test possible for the law? Explain the statement, "Much of the uncertainty of Law is not an unfortunate accident; it is of immense social valor." A landmark U.S. Supreme Court case-Brotowe Board of Edwarion--is discussed in the following feature. This case shows the flexibility of the law because the U.S. Supreme Court overturned a past decision of the U.S. Supreme Court. Landmark U.S. Supreme Court Case Brown v. Board of Education "We conclude that in the field of public education the children attended separate schools, often with unequal doctrine of separate but equal' has no place." facilities. -Warren, Justice It was not until 1954 that the U.S. Supreme Court decided a case that challenged the "separate but equal" doc- Slavery was abolished by the Thirteenth Amendment to trine as it applied to public elementary and high schools. the Constitution in 1865. The Fourteenth Amendment, In Browns Board of Education, a consolidated case that added to the Constitution in 1868, contains the Equal challenged the separate school systems of four states-- Protection Clause, which provides that no state shall Kansas, South Carolina, Virginia, and Delaware the "deny to any person within its jurisdiction the equal Supreme Court decided to revisit the separate but equal" protection of the laws." The original intent of this doctrine announced by its forbearers in another century. amendment was to guarantee equality to freed African This time, a unanimous Supreme Court, in an opin- Americans. But equality was denied to African Americansion written by Chief Justice Earl Warren, reversed prior for years. This included discrimination in housing, precedent and held that the "separate but equal" doctrine transportation, education, jobs, service at restaurants, and violated the Equal Protection Clause of the Fourteenth other activities. Amendment to the Constitution. In its opinion, the In 1896, the U.S. Supreme Court decided the case Court stated: Plessy Ferguson. In that case, the state of Louisiana had Today, education is perhaps the most important func- a law that provided for separate but equal accommoda- tions for African American and white railway passengers. tion of state and local government. We conclude that in The Supreme Court held that the "separate but equal" the field of public education the doctrine of parate but state law did not violate the Equal Protection Clause of equal" has no place. Separate educational facilities are inherently unequal. Therefore, we bold that the plain- the Fourteenth Amendment. The "separate but equal tiffs and other similarly situated for whom actions have doctrine was then applied to all areas of life, including public education. Thus, African American and white been brougly are, by reason of the segregation complained (care continues) 6 PATI LAGA, ETHICAL, AND DIGITAL ENVIRONMENT of deprived of the awal protection of the laws gwaran Critical Legal Thinking Questions and by the Fourth Amendment It has been said that the U.S. Constitution is a "living After Brown Board of Education was decided, it took document that is one that can adapt to changing court orders as well as US Army enforcement to integrate times. Do you think this is a good policy? Or should the many of the public schools in this country Brouwe Bourd U.S. Constitution be interpreted narrowly and literally, of Education, 347 U.S. 483, 74 S.Ct. 686,98 L.Ed. 873, as originally written? Web 1954 U.S. Lexis 2094 (Supreme Court of the United States, 1954). WEB DERCISE To view cou documents related to Brown Board of Education, go to www.loc.gov/exhibits/brown/ brown-brown.html SCHOOLS OF JURISPRUDENTIAL THOUGHT The philosophy of science of the law is referred to as jurisprudence. There are several dif- ferent philosophies about how the law developed, ranging from the classical natural theory to modern theories of law and economics and critical legal studies. Classical legal philoso- phies are discussed in the following paragraphs. jurisprudence The philosophy of science of law. Natural Law School The Natural Law School of jurisprudence postulates that the law is based on what is cor- rect." Natural law philosophers emphasize a moral theory of law-that is, law should be based on morality and ethics. Natural law is "discovered by humans through the use of reason and choosing between good and evil. Examples Documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter reflect this theory. "The law is not a series of calculating machines sobre definitions and anar came tumbling ou t be right lecers are pushed." William O. Douglas Dium, A Safeguard of Democracy (1949) Historical School The Historical School of jurisprudence believes that the law is an aggregate of social traditions and customs that have developed over the centuries. It believes that changes in the norms of society will gradually be reflected in the law. To these legal philosophers, the law is an evolutionary process Example Historical legal scholars look to past legal decisions (precedent) to solve contemporary problems. Analytical School The Analytical School of jurisprudence maintains that the law is shaped by logic. Analytical philosophers believe that results are reached by applying principles of logic to the specific facts of a case. The emphasis is on the logic of the result rather than on how the result is reached. Example If the U.S. Constitution had freed the slaves or granted females the right to vote, it would not have been ratified by the states in 1788 Sociological School The Sociological School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals. The followers of this philosophy, known as realists, believe that the purpose of law is to shape social behavior. Sociological philosophers are unlikely to adhere to past law as precedent. Example Laws that impose penalties for drunk driving reflect this theory
