Sunday, January 26, 2020

The Globalization Of Youth Culture Cultural Studies Essay

The Globalization Of Youth Culture Cultural Studies Essay In their article The Glocalization of Youth Culture: The Global Youth Segment as Structures of Common Difference, Kjeldgaard and Askegaard provide an analysis of global youth cultural consumption based on an empirical study. In our modern life, global teens play an important part in the global culture, and the teenage culture on a global scale reflects a youthful lifestyle and affects the constitution of global culture (Kjeldgaard and Askegaard, 2006). Hence, Kjeldgaard and Askegaards research has a special significance for us to know more about the global youth cultural consumption. From the article the fact can be also found that the young value changes and leads the future trend and fashion. Through the analysis of the global youth segment which may have common difference, readers can have a clear understanding of youth culture. In the article The Production and Consumption of Japanese Culture in The Global Culture Market, the author demonstrates an explicit process of the production and consumption of culture, and presents the fact that Japanese culture crosses national borders and has profoundly influenced the global culture. In the process of economic globalization, local culture crosses boundary and penetrates into other nations. This process can be called cultural globalization (Golstein-Gidoni, 2005). In this article, culture is presented in front of different people as a product, which is an approach for readers to understand the process of culture transfer in globalization. The author focuses on Japanese culture as a global cultural production to explain the global culture market. Meanwhile, both of the two articles demonstrate the fact that in globalization, culture has significant impact on peoples contemporary way of life. The essay will comment the two articles from the following four aspects: th e first one is about material culture and consumerism shaping peoples contemporary way of life; the second one is on cultural and social representations reproduction; the third one mainly analyzes the production and construction of identities through consumer society and global cultural industry; the last one discusses the social ramification of culture industry by addressing the relationship between the consumer and the marketplace. 2, Critical Review Material culture and consumption have a close relationship in the modern world. Due to the special relationship, they affect and shape the modern lifestyle. In the first article, the author shows readers different cultures of young people by comparing the differences of young consumers in Denmark and Greenland. Yong people establish their own culture, and they pursue fashion and have their own values. Young culture affects the lifestyle of young people. Young people advocate fast-paced life and pursue their own lifestyles, because they are deeply affected by the young culture (Abrams, 1959). Although young cultures in the world have some differences, they also have some common grounds that have an impact on young people and shape the lifestyle of young people. In the second article, readers can know more about the Japanese cultures influence on the contemporary way of life. Consumer culture is a culture of life after all. The Japanese lifestyle is different from other countries by th e affect of Japanese culture. Every country has their own culture, which can distinguish them from the other people. Duo to the differences of culture, people may have different lifestyles. Different social representations create different culture of their own, and different culture can also form different social representations. Young people form their own culture. à £Ã¢â€š ¬Ã‚ Coolà £Ã¢â€š ¬Ã… ¾ is popular with young people, and they regard the cool as a fashion. Nowadays, à £Ã¢â€š ¬Ã‚ Coolà £Ã¢â€š ¬Ã… ¾ culture has become the popular culture between young people. Culture shapes gender, tribal, and ethnic identities as a form of consumption. On the one hand, they have their own music tastes, clothing styles, and media habits, which distinguish them from the other people. On the other hand, young have become a social category, which has been closely related to the development of modernization. Young culture represents the young people, and young people develop the young culture. Japanese culture crosses national borders, which leave a deep impression on the people of other countries (Featherstone, 1990). Because Japanese form a unique culture of their own country , Japanese culture can differ from culture of other countries. Gravity and enthusiasm are often read in the Japanese culture, and they have become the special symbols of Japanese. Consumer society and global cultural industry affect the identities of different people. People share the different culture and they have different consumption in their daily life. Consumer society supplies a positive and fast-paced environment for the young people, and young people have become a social category by the effect of consumer society and global cultural industry (Thomas, 1997). The model of young people gain cultural significance in the early of this century, and the young consumers are lack of responsibilities. As a result, the teenage identity become inevitable a symbol of leisure and hedonic consumption. In the context of cultural globalization, Japan has generated its own Japanese culture, which makes Japanese people different from people of other countries. Japanese culture has given Japanese people special identities that belong to their own. Since post-World War II, young people have been seen as a huge market segment and the new mass popular culture, so more and more social ramifications of culture industry are created by the market segmentation. Marketing industry begins to tap into young by the driving of this cultural viewpoint. As a result, some new sunrise industries enter the market and carry out the strategy of market segmentation. Culture industry can generate all kinds of social ramifications, and young culture is no exception. Japanese culture develops into a special culture industry by the strategy of exporting and importing (Theodore, 1989). In the long process of development, representations of Japanese culture are becoming more and more, such as Japanese art, martial arts, ink painting, tea ceremony, and some of them have become new industries by addressing the relationship between the consumer and the marketplace. 3, conclusion From the two articles some key themes can be found that on the one hand, material culture and consumerism shape contemporary way of life, and culture has a lot to do with the lifestyle of people. On the other hand, material culture such as young culture and Japanese culture can also produce different industries, which are all in the context of cultural globalization. Culture distinguishes people from other people. In the process of cultural globalization, people should resist the invasion of unhealthy culture and study excellent culture, in order to achieve their own development.

Saturday, January 18, 2020

Process Writing and Teaching Grammar in Context Essay

From the lowest level of grade towards the prestigious masteral and PhD degrees offered in schools, writing and grammar enhancement never cease to affect the curriculum. Why is this process of teaching repeatedly implicated among students? This is primarily because of the fact that writing is one of the most important and the most widely used skill in any type of profession in the business and industrial sectors of the business world, people who are aiming to become professionals in the future, therefore taking part in the different positions of the said economic industries indeed need to learn the basics towards the complicated notes of becoming a fine writer. Not that writing would be a career for them; however, it would always be a part of their communicative connections with their colleagues if whatever field they might be joined with later on. One of the primary lessons regarding this matter though is the writing process. According to Stone, â€Å"process writing is learning how to write by writing† (1995, 232). Certainly, this means that a student or a particular individual is able to learn the basic principles of writing if he is given a briefing on the procedures of correct writing practice. The said procedures include five main activities that must be considered when one is trying to create a certain written work. The said procedures include: Prewriting- this stage involves the preplanned writing topic of the writer. In this stage the writer aims to prepare himself in the work that he is about to write. He scribbles down the ideas in a certain note trying to collect the data that are needed to support the topics that he aims to propose. Drafting- this stage is the process by which the ideas are written in a away that the writer aims to simply present the ideas that he has with regards the topic he aims to write about. This is just the outcome of the prewritten work, which means it still needs to be revised to be able to meet the needs of actually getting the standard result for the final outcome of the written work. Revising- this is when the writer tries to see the basic errors on the prepared draft and then further assess the work on what ideas need to be rejected and which ones are still needed to be added so as to be able to enhance the impact of the discussion of the topic being presented. Editing- The final revisions are applied in editing the work. The final furnishing of the written job makes it easier for the readers to understand the final output since it would become more focused and certain about the ideas that it tries to imply to the audience of this particular reading material being produced. Publishing- The final output is ready for public reading. After the clarification done on the writing through the first four stages, the reading material that has been produced is now ready for sending the message to the public readers. These fie stages of writing is what the process writing lessons are all about. Schools intend to help the students master these particular stages of writing to help them enhance their capabilities in sending their ideas ort messages to others through written pieces of work. Meanwhile, grammatical learning lessons are also imbedded within the procedures of implying the lessons of process writing within students. However, it is first essential to know what teaching grammar in context means.

Thursday, January 9, 2020

The Demise of Grapes of Wrath Essay Topics

The Demise of Grapes of Wrath Essay Topics Grapes of Wrath Essay Topics - Overview The Joads are punished by the law although the law isn't a character. While law doesn't necessarily reflect culture, it remains the expression of a society's values. The law is similarly faceless and does not have any actual characterization. It serves as the official expression of society's approval or disapproval of a person or group of people. Take a look at our Grapes of Wrath essayto find more on the subject of interrelation. They, in this novel are very metaphorical. The Grapes of Wrath is just one of the most significant books in American literature. The inevitable Grapes of Wrath essay will follow, in which you'll be requested to talk about a theme or a number of the symbolism in the job. Therefore, the state government has the massive job of formulating and executing measures to utilise the neighborhood resources to create jobs and supply employment. See how to locate the resource s you want. By means of this literary analysis, you can jump in their lives. And the country's infrastructure crumbles. Why Almost Everything You've Learned About Grapes of Wrath Essay Topics Is Wrong Below are some possible topics that you may want to consider. I hope they also have benefited your students. So far as the students are involved, writing a research paper is among the toughest and frustrating endeavor in their opinion. Therefore, many students and employees decide to obtain cheap essay rather than writing it themselves. Discussion questions will allow you to engage these students and get them talking about various topics within this story. All of them are important to answering this question, and it would be far better incorporate a wide variety of examples as a way to compare and contrast various episodes. The response is apparently very few. There are not any right or wrong answers to these types of questions, which can allow it to be much easier for students to speak up. Why Almost Everything You've Learned About Grapes of Wrath Essay Topics Is Wrong Finish with the way the character relates to others and their function in the novel. You might have liked the book for a story, even though it is surely depressing. The story happened during the calendar year 1930s, also called the Dust Bowl. And this isn't the close of the story yet. The dialogue in the movie is not anything more than a run of expositional monologues developed to spell out the meandering plot. It demonstrates that the ending of the film and the novel are different. Other minor characters, like the Boss or Whit, might be added. These scenes weren't included in the movie. Grapes of Wrath Essay Topics Secrets That No One Else Knows About Speedy tip Ask yourself whether your essay might have been written by somebody who has not followed the TOK class. You may know it in this manner. It's exact and only the thing which is going to be used against me if I'm mistaken. I want to check something. The huge corporations soon bought out nearly all of the land in the Mid-West and lots of families were soon made to make their living by other ways. Many of the folks in the industry followed in their parents' footsteps and aspire to pass the company on to their children and grandkids someday. The land meant more to the farmers than a means to grow cr ops and make a living. Put simply, workers are displayed in the novel as people who don't look at the hard financial ailments. What all you will need is getting the assistance from a specialist and EssaysChief is going to be the expert that you seek out. To put it differently, all that additional information becomes destroyed. Non-Personal Information In some instances, we might collect details about you that isn't personally identifiable. No personally identifiable information which you give us is supplied to them for cookie or web beacon usage, so it is impossible for them to personally identify you with that information on the internet website. Sairy falls ill at the very first camp where the 2 families stay and remains there with the remainder of her loved ones, facing the prospect of arrest for trespassing. Be aware that the turtle's best obstacles are automobiles and machines that may easily end its life. When it is found this work isn't your own you're in danger of. Work is nearly impossible to locate or pays such a meager wage a family's full day's work cannot get a good meal.

Wednesday, January 1, 2020

Is Legal Reasoning Different from Political Reasoning - Free Essay Example

Sample details Pages: 10 Words: 3046 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Tags: Political Essay Did you like this example? Theory of Law Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own purposes and model in the society. [1] Therefore, it is unlikely that they share common philosophy and practices. However, like most other disciplines in the society, sometimes law and politics overlap to achieve a common goal, sometimes they complement each other and at other times, they contradict each other. Don’t waste time! Our writers will create an original "Is Legal Reasoning Different from Political Reasoning?" essay for you Create order For example, the differentiation of adversaries has no ground in the law and politics dominates over the rule of law when this occurs. [2] Therefore, the goals, philosophy and practices in both systems do not entirely agree, hence reasoning in both systems must be different also. Tradition view The conventional view can be described as that political reasoning features consideration to political parties, social movements, public media, the legislature and the government, and politicians create their own normative ideology that defines and guides the behaviour of the society. [3] James defines legal reasoning as an approach employed by legal officials to identify and apply legal rules to circumstances in order to solve legal cases, and that there are unique characteristics of legal reasoning which set it apart to other forms of reasoning, such characteristics include laws and precedents.[4] The key in legal reasoning, according to Sunstein, is that legal officials are uninterested in all-encompassing principles, they disagree on intrinsic values but are authorised with power to produce judicial solutions to multidisciplinary issues based on incomplete theorised agreements. [5] It is not necessary for politicians to consult history and polities set by previously elected pol itical parties, but to follow personal values, moral beliefs and ideology of their political parties, and they can make adjustments to policies or turn them around.[6] The traditional view is that judges, on the other hand, follow the doctrine of stare decisis and the common law tradition. [7] This means that they are bound to make judicial decisions based on three obvious legal reference points, namely the statutes, precedents and other legal resources.[8] It is obvious that under majority of circumstances judges are able to solve court cases consulting these reference points, however there are times when these reference points do not immediately present satisfactory solutions for certain cases. This essay will examine two situations that judges may face in courts, namely, (1) when existing rules are unclear on circumstances not encountered before, and (2) when application of a rule clearly leads to injustice. When these situations arise, can and do judges turn to political reasoni ng based on own morality, values and beliefs? Can they make adjustments to existing laws and can they make new laws? Shaping of modern day legal system The latter question à ¢Ã¢â€š ¬Ã…“can judges make adjustments to existing laws and can they make new laws?à ¢Ã¢â€š ¬Ã‚  sprouts empirical and conceptual answers. Empirical observations is that both politicians and judges have contributed to the shaping of the legal system today, and will continuously shape it as our society changes, just in different ways. [9] Hayek observed that there are two factors in law making: the common law approach and legislation. The common law approach is the bottom-up method facilitated by judges as a result of reactive trial-and-error to achieve justice in the court at ground zero. [10] The legislation is a top-down method of creating laws without gaining public consent. [11] Hayek argues that the common law approach yields gradual and impactful improvement while legislations tend to bring sudden and rapid changes with targeted and short-term outcomes. [12] Therefore, the law does change and that both judges and politicians play a part, only in dif ferent geographical locations, time and with different approach. Conceptual answers of how judges should reason in adjudication and to what extent are proposed by different legal theorists, they have strengthened the nature of legal reasoning and the role and authority of judges and these views will be discussed to gain insight to the former question, à ¢Ã¢â€š ¬Ã…“can and do judges turn to political reasoning based on own morality, values and beliefs?à ¢Ã¢â€š ¬Ã‚  in situations (1) when existing rules are unclear on circumstances not encountered before, and (2) when the application of a rule clearly leads to injustice. Theories of adjudication The way that legal officials approach in shaping the legal system in courts is proposed by many legal theorists. Due to the fact that legal officials carry out this task in courts using legal reasoning pursuing resolutions on court cases, the approach is termed theories of adjudication by Hart. Formalism Formalists answer the question of whether judges should turn to using non-legal principles when the application of a rule clearly leads to injustice in unambiguous cases. Formalists are influenced by democratic values[13] and they make a normative claim that judges should make judicial decisions entirely based on black letter laws whenever it is clear and applicable, regardless if it yields irrational and unmerited outcomes. [14] Formalism has not accounted for cases that are obscure when legal resources exhaust. Atiyah maintains that when straightforward application of law leads to injustice the Parliament is still the only entitled body to change the law.[15] The disadvantage of this approach is apparent that interpreting rigid rules acontextually is a nave activity that neglects the uniqueness of each court case, and formalist judges are criticised for not performing their best duty to achieve justice. [16] One advantage of a formalistic approach illustrated by Wellington is tha t judges must be neutral towards the decision-making because morality, values and beliefs because these principles are only transient, meaning that they are only best at one point of time and may not be best at another. [17] Similarly, Schauer disapproves allowing judges to deviate from black letter rules when the rules are clearly applicable because judges often makes more mistakes when permitted to interpret and apply clear rules freely. [18] He also emphasises that the realism trend threatens the authority of legal rules and reduces predictability, subjecting the public to uncertainty of whether certain behaviours are lawful or not. [19] Langdell was a formalist whom puts less emphasis on judges always follow clear rules, but promotes that right judicial decisions can be made logically by deductive application of the law to known facts. [20] Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s doctrine of discretion It is Hart whom distinguished the theory of adjudication apart from theory of law. Hart provides guidance as a positivist to both situations when existing rules are unclear on circumstances not encountered before, and when the application of a rule clearly leads to injustice. Hart terms the first scenario as à ¢Ã¢â€š ¬Ã…“easy casesà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“core casesà ¢Ã¢â€š ¬Ã‚  and the second situation challenges in solving à ¢Ã¢â€š ¬Ã…“hard casesà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“penumbraà ¢Ã¢â€š ¬Ã‚ . [21] He terms this phenomenon as a gap in the law. [22] In easy cases, Hart argues that the linguistic meaning is self-explanatory and no interpretation is needed.[23] Bell terms Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of adjudication in hard cases as the à ¢Ã¢â€š ¬Ã…“interstitial legislator modelà ¢Ã¢â€š ¬Ã‚ .[24] In hard cases, Hart argues that judges are free to interpret the law to his or her discretion. [25] In fact, he says that judges are obliged to find reso urces outside of the legal references points when challenged with a penumbral situation when rules do not seem to be applicable immediately or become unclear in their linguistic context.[26] Hart does not rule out that moral principles may be of use in these situations when existing legal references exhaust or become indeterminate, although he maintains that moral principles are not necessarily included in judicial decision-making. [27] However, Hart says that the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ discretion is not arbitrary and not without constraints. He or she must practice reasoning similar to politicians when selecting non-legal rules or standards to be used. [28] In making this normative claim, Hart admits that most of the time the result of the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ discretion are adjustments of laws in the existing legal framework and not law reforms. [29] Fuller disagrees with the peculiarity between core and penumbra as proposed by Hart and expresses that rules always consist of purposes behind its language and judges are always relying on the purposes to make decisions in so termed à ¢Ã¢â€š ¬Ã‹Å"easyà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"hardà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases anyway, there is no need to source reference outside law when solutions are available within law itself.[30] Therefore, it is consistent for and the responsibility of judges to discover meaning behind laws applicable to all cases. [31] Fuller argues that law is not paired with their language but their underlying purposes and that judges intelligently interpret and obey to these purposes. [32] Schauer disagrees about context ambiguity and emphasises that language has acontextual meaning embedded in itself and it is possible that its meaning is communicated effectively without ambiguity to those who share the same language competency, other times it may render to vagueness due to its indeterminacy but not due to its linguistic flaws.[33] He argues that the language of law is frequently suf ficient in producing determinate solutions and that even when it is vague it does not suggest immediately that the answer lies elsewhere. [34] Dworkin disagrees with the need of judges to use political reasoning when legal rules do not suffice and that they are creating new laws, they are merely declaring a new way of applying existing laws. [35] He argues that Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s permission of judges to make new laws is unfair as defendants are then subjected to new laws retroactively and these new rules hold parties liable without their prior knowledge. [36] Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s purposive approach As mentioned above, Fuller rejects Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s distinction between easy and hard cases and his claim that rules can be applied as its plain linguistic meaning. [37] Fuller asserts that rules are always identified with their purpose and not by their language, no matter in easy or hard cases. [38] Therefore, for Fuller, when existing rules are unclear on circumstances not encountered before, and when the application of a rule clearly leads to injustice, the straightforward answer is to seek the purposes of the rules and not judge in contrary. Schauer argues that there are still acontextual meanings in rules that can be understood in its plain language by similar group of people. [39] He agrees with Hart that rules maybe obscure generating hard cases and that sometimes judges neglect clear meanings and make mistakes. [40] Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“the rights modelà ¢Ã¢â€š ¬Ã‚  Dworkins approach to adjudication is termed à ¢Ã¢â€š ¬Ã…“interpretative approachà ¢Ã¢â€š ¬Ã‚  and its essence lies in his defence of the traditional view regarding the role of judges and his supplement theory that judges are not to make new laws but to identify pre-existing law. [41] His later work, the theory of law as integrity, aims to fuse positive doctrinal theory and normative theory so that judges interpret the meaning of the law the best that it can be. [42] Bell terms Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of adjudication, irrespective of the type of cases faced, as à ¢Ã¢â€š ¬Ã…“the rights modelà ¢Ã¢â€š ¬Ã‚ , in which he stresses that judges can develop new principles for existing rules but that the fundamental difference between judges and legislators is that judges focus on peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights and the legislators concern public interest. [43] With such focus on peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights, the protection of the freedom of individuals is maximise d even though the result may not be desirable for public interest. [44] In order to protect the peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s right, Dworkin promotes that judges are entitled to interpret the rules according to their principles, including morality, values and beliefs. As an anti-positivist, he believes that moral principles are necessary behind every rule while agreeing with Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s proposed primary and secondary rules. [45] Therefore, Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s view agrees with Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"purposive approachà ¢Ã¢â€š ¬Ã‚  that there is no such categorisation of easy and hard case because the approach to adjudication is the same. Dworkin and Fuller claims descriptively that judges in fact do not distinguish their role in adjudication of easy and hard cases, they always interpret, or discover the purpose behind the law according to their best discretion and apply them to cases in new ways. [46] This is also one of his criticisms towards Hartà ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢s interstitial legislator model. Criticisms of Dworkin are included in the remarks about the ideal judge he illustrates, Hercules, is actually making new law in core cases freely as oppose to be drawing legal principles from the rules.[47] The predictability and applicability of Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory is also challenged because of the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ free adjudication and the fact that most cases are of the easy kind.[48] Finnis criticises Dworkin similar to Wellington made to positivism [49]in what fit with the past and moral value may not be consistent, there is no right answers to dispute, only the most appropriate chosen at the time by the judge. [50] Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s view of the existence of right answers to legal questions was challenged by moral pluralism in which there is no right or wrong answers but the most appropriate answers at time. Even then, the decision made is imperfect and may generate regrets anyhow. [51] Dw orkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory that laws possess moral values also falls short in the case of wicked legal system. Dworkin is unable to explain if these laws are not enforceable and why. The consensus model The consensus model cited by Bell mainly describes an attitude judges should possess when making judicial decisions in courts. There are two main characteristics of this attitude. Firstly, Bell draws the idea from Baron Greene that the attitude of merely adapting principles to distinct situations is to be maintained and ultimately legislations and policies remain unchanged. [52] Secondly, judges are accountable representatives of the public and hence they propose these adaptations from the bottom-up approach, unlike policy-makers who see from the superintendentà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective and create laws using the top-down methodology. [53] There are no grounds for law reform at the judicial level, instead the adaptation of laws overtime in a development process building on the existing legal framework. [54] Therefore, when application of clear rules to obvious cases leads to injustice, or that when legal resources exhaust, the judge seeks to make decisions based on existing law s and harmony. The weakness of this model is that judges are merely a small pool of selected people of a pluralistic society and they are unable to truly represent the world at large. [55] Realism The most renounced realism supporters are Felix Cohen, Jerome Frank, Karl Llwellyn and Herman Oliphant. [56] Realistsà ¢Ã¢â€š ¬Ã¢â€ž ¢ sceptical view to the determinacy of the law leads to their theory of adjudication that judges have the ultimately authority to make decisions based on non-legal resources and to supersede legal rules. [57] Realists therefore support that rules are supplementary and act merely as predictions when plain application of these rules leads to injustice, or when there is no rule available for new situations. [58] They disapprove Langdellà ¢Ã¢â€š ¬Ã¢â€ž ¢s notion that legal rules always derive correct outcome and regard laws as mythical and are insignificant in judicial decision-making. [59] Furthermore, they strongly opinionated that laws are in fact incompetent to solely depend on in courts. [60] Realists are similar to Austin in taking the reductionist approach in theory of law, and in identifying law with what the sovereign commands, but Austinà ¢Ã¢ ‚ ¬Ã¢â€ž ¢s sovereign lawmaker is the legislature while realistsà ¢Ã¢â€š ¬Ã¢â€ž ¢ sovereign lawmaker is judiciary. [61] Hart accuses realists of neglecting the normative conviction of rules that at least must be internalised by legal officials, and of their implication that courts do not make mistakes. [62] Dworkin also holds an unfavourable charge to realismà ¢Ã¢â€š ¬Ã¢â€ž ¢s result-driven and pragmatic approach to judicial decision-making. [63] As highlighted by Geoffrey de Q Walker, realists need to justify if the value of judges is acceptable, and to explain the power-conferring rule to judges who are not elected like politicians. [64] Conclusion There are apparent differences between legal reasoning and political reasoning in judicial decision-making and the nature and level of differences have been argued over decades by legal philosophers. Some notable theories emerged were formalism, Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s doctrine of discretion, Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s purposive approach, Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“the rights modelà ¢Ã¢â€š ¬Ã‚ , the consensus model and realism. Bibliography John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) Miro Cerar, à ¢Ã¢â€š ¬Ã‹Å"The Relationship Between Law and Politicsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 15(1) Annual Survey of International Comparative Law Joanathan Crowe, Legal Theory (Thomson Reuters, 2nd ed, 2014) Nickolas James, Rachael Field, à ¢Ã¢â€š ¬Ã‹Å"Thinking skills: Legal Reasoningà ¢Ã¢â€š ¬Ã¢â€ž ¢ in The New Lawyer (John Wiley Sons, 1st ed, 2013) Denise Meyerson, Jurisprudence (Oxford University Press, 2011) Anthony J. Sebok, Legal Positivism in American Jurisprudence (Cambridge University Press, 1998) Lawrence Solum, Positive and Normative Legal Theory (9 June 2013) Legal Theory Lexicon , https://lsolum.typepad.com/legal_theory_lexicon/2003/12/legal_theory_le.html Cass R Sunstein, Legal Reasoning and Political Conflict (Oxford University Press, 1st ed, 1996) [1] Miro Cerar, à ¢Ã¢â€š ¬Ã‹Å"The Relationship Between Law and Politicsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 15(1) Annual Survey of International Comparative Law 19, 20. [2] Ibid 19. [3] Ibid 20-1. [4] Nickolas James, Rachael Field, à ¢Ã¢â€š ¬Ã‹Å"Thinking skills: Legal Reasoningà ¢Ã¢â€š ¬Ã¢â€ž ¢ in The New Lawyer (John Wiley Sons, 1st ed, 2013) 267. [5] Cass R Sunstein, Legal Reasoning and Political Conflict (Oxford University Press, 1st ed, 1996) 191. [6] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 60. [7] Joanathan Crowe, Legal Theory (Thomson Reuters, 2nd ed, 2014) 110-2. [8] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 60. [9] Joanathan Crowe, Legal Theory (Thomson Reuters, 2nd ed, 2014) 110-1. [10] Ibid. [11] Ibid. [12] Ibid 111-2. [13] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 146. [14] Ibid 144. [15] Ibid 148. [16] Ibid 145. [17] Anthony J. Sebok, Legal Positivism in American Jurisprudence (Cambridge University Press, 1998) 194. [18] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 146. [19] Ibid. [20] Ibid 184. [21] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 136-7. [22] Ibid 137. [23] Ibid 62. [24] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 17. [25] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 148. [26] Ibid 136-7. [27] Ibid 137. [28] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 17. [29] Ibid. [30] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 138. [31] Ibid 142 [32] Ibid 143-4. [33] Ibid 140 [34] Ibid 140-1 [35] Ibid 149. [36] Ibid 145. [37] Ibid 137. [38] Ibid. [39] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 140. [40] Ibid 141. [41] Ibid 60. [42] Lawrence Solum, Positive and Normative Legal Theory (9 June 2013) Leg al Theory Lexicon , https://lsolum.typepad.com/legal_theory_lexicon/2003/12/legal_theory_le.html [43] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 16-7. [44] Ibid. [45] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 150. [46] Ibid 145. [47] Ibid 175. [48] Ibid. [49] Anthony J. Sebok, Legal Positivism in American Jurisprudence (Cambridge University Press, 1998) 194. [50] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 180. [51] Ibid. [52] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 10-13. [53] Ibid. [54] Ibid 13. [55] Ibid. [56] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 183. [57] Ibid 183-5, 191. [58] Ibid 183-7. [59] Ibid 185. [60] Ibid 188. [61] Ibid 186. [62] Ibid 187. [63] Ibid 196-7. [64] Ibid 197.