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Jurisprudence 2 - Essay Example

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uggests that though main purpose of law is to protect interests of common people and maintain an atmosphere of social discipline, the issue of equality should not be ignored and all those institutions that are responsible for legal enforcement, should also be restrained from executing such steps that would violate the state of equality. Equal protection of law, which comes aftermath, reflects the ideal that law should be protected equally and the state of equal protection can only be attained if equality before law is respected accordingly. However, looking at social structure and consequent legal discourses that are aimed at attaining the situation of equality, it can be said that such state of equality has not been attained and in “Law & Ideology”, Robert Gordon, after analyzing nature of such legal discourses has pointed out, “"[L]egal discourses ... routinely help to create and maintain the ordinary inequalities of everyday social life …” (Gordon, 2008, p. 1226).
A chronological study of ancient to modern legal philosophy, sociology and theories of social construction would clearly point out that according to jurisprudential arguments, one of the major reasons behind failure to attain desired social equality is several issues that have become integrally associated with different traits of human existence and restrain them from respecting the issue of equal existence. It is very often said that people were equal at the stage of their natural existence but since the time they became aware about necessity to develop community and live as social creatures, factors of equality or inequality intervened and later on started to dominate their existence. With the progress of human civilization and result of intellectual movements, people were gradually becoming aware of factors like, gender, class, social status, ethnicity, national identity, sexual orientation etc. While a particular section of people regarded understanding of these factors as scope to ...Show more
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Summary

. routinely help to create and maintain the ordinary inequalities of everyday social life: the coercions, dominations, and dependencies of daily relations in the marketplace, the workplace, and the family; the ordering of access to privilege, authority,…
Jurisprudence 2
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