Regulation of Work in Court Cases Without Relevant Precedents
Introduction
While the course of studying the educational materials, we touched on the big topic of the close connection between culture, psychology, and the overall legal system (Costanzo & Krauss, 2012). The modern arrangement of laws is developed according to determined schemes and algorithms, while the world is shifting very speedily, and the prior strategies to many things are becoming obsolete. A decent including of culture and psychology can update the legislative field and help conduct a comprehensive and constructive perception of the case regardless of the absence of relevant precedents.
The Focus and Ambiguity of the Modern Legal System
Despite the growing versatility of modern society and the expanding different roles in it, the judicial system prevails rather one-sided. Most of the cases used in the educational system primarily have the model of a traditional family with precisely assigned rights and obligations. In such cases, the mother is regularly more likely to obtain custody of the child. This work is not aimed at criticizing this approach and identifying possible biases but offers a more comprehensive and accurate system design. Same-sex marriage and the situation in the LGBTQ+ community, in general, deserve way more particular awareness. For a long time, the LGBTQ+ community was intentionally neglected, despite the well-known expression from the Bible: “First of all, love each other deeply, because love covers many sins.” Nowadays, the citation looks like a mockery considering the backdrop of centuries of harsh discrimination and persecution. For now, all systems, including legal ones, should be actively aimed at cultivating a comprehensive all-inclusive structure with a more individualized strategy.
The Connection of Legal System with Psychology
In a situation with an insufficient number or an absolute lack of relevant precedents, the complex use of psychology and a broad examination of the social structure can regularly assist. The ultimate equality of all people in front of the law has to be essential in any legal proceeding. Gender, nationality, age, orientation, marital status need to be carefully considered, but only to bring up a more competent picture. The legal system is fundamentally concentrated on the implementation of the law. However, psychology reveals its inner meaning and examines the performance patterns of all participants in the investigation (Costanzo & Krauss, 2012). Precedents have a big impact on the overall picture of the legal system, but it is more crucial to examine each situation in detail.
Examples of work on controversial cases with a lack of precedents
The assignment aims to pay particular attention to the consideration of parental responsibilities in same-sex marriages and transgender couples. The topic requires additional research since the current legal system is biased and one-sided. Traditional families with naturally born males and females have more chances for a detailed and fair analysis of cases. All disputable trials should include not only the legislative approach as a decision-making tool but also developmental, social, clinical, and cognitive psychology. For example, in the case of same-sex marriage, a comprehensive investigation of the partners’ personalities, lifestyles, and incomes is required to make the most competent verdict regarding child custody. The same is the case with transgender people, which raises the relevant question about the fair redistribution of positions in society, including parental duties. Perceptual and cognitive processes should create an alliance with law (Costanzo & Krauss, 2012). All cases are unique and depend on various factors: the cultural background of the participants, the peculiarities of the state arrangement in which the events take place, personal characteristics.
Conclusion
The modern legal system demands critical investigation and appropriate adjustments in connection with all developments in social structure and the necessities of people. Potential challenges might arise from expanding variety of family models and constantly shifting roles in society. The slightest hints of inequality and injustice to all vulnerable segments of the community need to be suppressed for efficient work on all particular ambiguous cases.
References
Costanzo, M., & Krauss, D. (2012). Forensic and legal psychology. New York, NY: Worth Publishers.
Holly Bible: New revised standard version. (1990). New York, NY: HarperCollins.