What is it meant when it says theory that law is a living body? Is this because like living organisms the law is always growing and changing?
yes
Okay that is what I thought but now they are asking me to apply this arguement to the case of Crawford v. Washington, and I do not really so any connection. Are you familiar with this case? And if so could you please give me an example of how this are similar?
In http://en.wikipedia.org/wiki/Crawford_v._Washington (from http://www.google.com/search?rlz=1C1GGGE_enUS379US379&aq=f&sourceid=chrome&ie=UTF-8&q=Crawford+v.+Washington ), it seems that what they refer to as the hearsay rules were changed. Please read through this webpage and others in the search results to be absolutely sure.
Law is like language ... always having to shift and change because humans are always shifting and changing. Our situations change (e.g., the presence of "smart phones" in our lives, thus the law having to catch up to reality), and laws change in their wake.
I guess what I need to know is, with regards to the 6th Amendment (the ability to confront the witness), what does this have to do with the Crawford case?
http://en.wikipedia.org/wiki/Crawford_v._Washington#Trial_proceeding
Read the Trial proceeding section very carefully -- all of it.
Ok I have read the entire case and the wiki link you sent me, and I am still not understanding. This is what the question in my assignment reads as: Use the Crawford opinion as an example ofhow the US Supreme court believes the 6th Amendment has evolved throughout history. I am very greatful for the help so far but I have to write a 1500 word essay and this is the one aspect I am stuck on.
"Defense counsel objected to the admission of the wife's statement, on the ground that Mr. Crawford would be unable to confront (i.e. cross-examine) Mrs. Crawford on her statement without waiving spousal privilege, and that this would be a violation of the Confrontation Clause of the Sixth Amendment."
http://en.wikipedia.org/wiki/Crawford_v._Washington#Trial_proceeding
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
To write a paper that long, you may have to go back into earlier court cases that have aspects relating to the developing interpretations of the hearsay rules:
http://www.google.com/search?rlz=1C1GGGE_enUS379US379&sourceid=chrome&ie=UTF-8&q=evolution+of+hearsay+rules+and+sixth+amendment
I finished up this assignment last night and my instructor already graded it and I got 100% on it and just wanted to say thank you so much for all your help!!
Yes, when it is said that the law is a living body, it means that, like a living organism, the law is dynamic and constantly evolving. This analogy suggests that the law is not a fixed set of rules but rather a system that adapts to the changing needs and values of society.
To understand this concept, one can explore the theory of legal positivism, which argues that the law is a socially constructed system created by humans. According to this theory, laws are not absolute truths but rather man-made rules that can be modified and updated as society progresses.
To further grasp the idea that the law is a living body, consider these steps:
1. Study legal doctrines: Start by familiarizing yourself with various legal doctrines and theories that discuss the dynamic nature of the law. Some key theories in this regard include legal realism, legal instrumentalism, and legal pragmatism.
2. Analyze court cases: Look into court cases that have led to significant changes in legal precedents. By examining landmark decisions, you can see firsthand how the law has evolved over time.
3. Understand legislative processes: Explore how new laws are created or existing ones are amended. Legislative bodies, such as parliaments or congresses, discuss and draft laws based on society's evolving needs and priorities.
4. Consider societal changes: Recognize that shifts in societal values, technological advancements, economic developments, and cultural transformations can all impact the law. Legal reforms often reflect these changes to ensure that laws remain relevant and effective.
Remember, the concept that the law is a living body is open to interpretation and may vary among legal scholars and philosophers. Therefore, it's beneficial to seek out multiple perspectives to develop a comprehensive understanding of this theory.