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This essay will look at what is meant by the Common Sense of Law as written by Mansell, Meteyard and Thomson in A Critical Introduction to Law.

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Introduction

´╗┐Shaun Rogers - Critical Law - LW313 ? M. Afshary Critical Analysis Assignment ? The Common Sense of Law Introduction This essay will look at what is meant by the Common Sense of Law as written by Mansell, Meteyard and Thomson in A Critical Introduction to Law. Straight away we are told of the intention of the authors, and that is to persuade the reader to reconsider what is usually taken for granted and to question common sense assumptions about the law.[1] We are immediately then given an example which shows that the richest and most powerful states exert the most influence regardless of each sovereign state being equal and having one vote in the United nation?s general assembly, simply because the vast majority of the major countries make up the biggest proportion on a map. In response to this example a question is given of whose idea was that? To be specific, ?Who drew that map??[2] This response questions the authority and right one has just because somebody says it is so, just because that?s the way it is. The chapter sets out to try and keep asking questions in relation to law, to not just accept something because it says it is so but rather challenge it and ask the question, why? The authors state that there are two underlying premisses of the book. ...read more.

Middle

Just by reading the newspaper on a daily basis is enough to appreciate and understand this view. Everyday we read or see on the news stories involving murder, car crime, burglaries, assaults and rape to name a few. We read about the perpetrators being brought to justice by the authorities that are in place to protect our society. This instills in our minds an image, whether unconsciously or not, that without law and the authorities, criminals would be free to do as they please and that justice would be non-existent. This confirms then the quote given in this chapter, ?Law, we are taught, is what protects and preserves civilisation from chaos.? [6] You should now be able to see that even without support for the author?s claims; hardly anything is needed as it is difficult to get away from this common sense view simply because it is built into us all from an early age. The authors also speak about the separation of law from society. ?While the law is in books, the problem is in the social world, and the law seems to exist already for disputes which appear in the social world.? [7] The point made here is that for a dispute to become legal the social problem must be transformed into a legal problem. This is a very true statement and one that needs very little backing up. ...read more.

Conclusion

It is difficult to not agree with what is being said, even without strong evidence to back up the authors writing. I believe this is due to the fact that evidence is not needed because as the title of the chapter suggests, we are talking about common sense, and as we know, common sense requires very little or no evidence to back up its argument. It is true, as the authors have said, unless you are trained in law, it is very difficult to get away from this common sense view simply because, from an early age, we become aware that this is common sense. ________________ [1] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition, Page 1, Para 1 [2] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition, Page 1, Para 1 [3] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition, Page 1, Para 4 [4] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition) Page 2, Para 1 [5] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition) Page 3, Para 2 [6] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition Page 3, Para 2 [7] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition Page 4, Para 3 [8] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition) Page 4, Para 2 [9] Mansell, Meteyard & Thomson, A Critical Introduction To Law, Third Edition) Page 4, Para 4 ...read more.

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