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The Study Of Sandra Day O'Connor's Legal Thought

Posted on:2010-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2166360278473212Subject:Legal theory
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Sandra Day O'Connor is the first female judge of the United States Supreme Court.In 1981 she was appointed as the Justice of the Supreme Court by President Ronald Reagan, resigned in July 2005.During her tenure,Justice O'Connor did outstanding performance, and she did not as the criterion by ideology,but based on the facts of the case,the law and the rational insight to make decisions.In many such cases,she cast the deciding vote. Although O'Connor was inclined to the conservative to the Supreme Court,she often decided to keep her side of the liberals,such as in the issue of homosexuality.Therefore, in the other eight United States Federal Court of Justice opinion stalemated,the selection of O'Connor became the "Key ticket."As a female,Justice O'Connor,in the United States under the system of separation of powers,by female-specific sensitivity and careful balancing,in the face of complex political situation,enriched the understanding of lots of questions insightfully.This understanding of the issues are more mature and complete,thus,the research on O'Connor's legal thought can promotion lots of questions on China's theoretical research, and has a strong comparison and reference.At the same time,such an important women's legal thought,many people from different aspects of her diverse studies vary abroad,and these studies are referential significance.However,domestic research on it is almost in a blank state,.There are only a few of her brief introductions,as well as the translations on her 'The Majesty of The law:Reflections of a Supreme Court Justice,' So it is a regret. Therefore,the study of O'Connor can make up of China's Comparative Law.In the real sense,as a Supreme Court Justice,O'Connor's votes was not about ideology,but more faithful to the case itself,and therefore the study of O'Connor's thought,is better for us to have a good understanding of how to analyse the case and apply the law.Moreover,as a woman,who is wise,profound,rational and yet women's delicate,sensitive,O'Connor has her own insights on issues,and have also made many efforts on such as judicial independence in the United States.While our country is in the transformation period of judicial reform,the legal research on her law thought is better for our practice to solve a lot of legal issuesIn this article,from the point of views about the cases,starting from the independence of the judiciary thought,the death penalty,and women's reproductive rights and abortion theory,thought the right to privacy,equal protection of racial thought,elaborates the basic thought of O'Connor.These issues are very sensitive and full of controversy in American society,some even become important bargaining chips in the presidential election. Therefore,under the complex facts,we can learn how O'Connor put the legal use comfortably in a complex political life and social life,who both insisted on the truth,but also made cases in a complex society to apply.This article is divided into seven chapters.The first part of the background from O'Connor's personal experience and background of the times introduces how O'Connor made a successful election to the United States Supreme Court Justice.O'Connor was born in the western farm LazyB,this vast farm formed her strong,decisive style,and made O'Connor have a good personality which did not depend on others.These characters later became important factors for her success.The three branches of work experience, combined with modern American conservatism ancestors Barry Goldwater's strong support, and Rehnquist's support who subsequently became the Federal Supreme Court Chief Justice,made O'Connor succeed in two political parties and successfully became a Supreme Court Justice.The second part of O'Connor's opinion introduces the independence of the judiciary as well as her tremendous efforts made by it.O'Connor believes that the independence of the judiciary is an important guarantee for society,she has raised many factors that pose a threat to judicial independence in the name of opposition to judicial supremacy,and to further explore how to use other means to guarantee the independence of the judiciary.Partâ…¢discusses the concept of the death penalty,at that time anti-death penalty kept the weather,O'Connor adhered to deny their views.In the Simmons case she not only uphold the death penalty,but as argued minors on the basis of facts also could apply equally to the death penalty,once again demonstrating the O'Connor's independent and decisive.Partâ…£which expends from Roe case,explores O'Connor's thought in women's reproductive freedom and abortion rights theory.She believes that women's reproductive rights and freedoms are inalienable,and safeguard of the women's equality and dignity are important.But at the same time O'Connor had shown her women's cautious style,she thought this right should not be unlimited,and the state should balance the rights of each other,otherwise,this kind of abuse of the right would be against the interests of stakeholders.Partâ…¤using three cases concludes O'Connor's basic idea for the right to privacy,she believes that privacy is a constitutional right,but at the same time,benefits should be coordinated with the state.Partâ…¥are from the two related cases which ruled by Federal Supreme Court in the same day,the analysis of O'Connor's attitude to racial equality once again demonstrate the flexibility and intelligence of O'Connor.Conclusion part of O'Connor are evaluated.O'Connor's case reflects a lot about her as a conservative which greater emphasize on restrictions of national interests,advocates to put more power to the state and local and so on.However,some issues on abortion,on which conservative have exclusive attitude, O'Connor cleverly stands on the side illiberal,which makes a lot of conservatives view will not go to the extreme side.O'Connor does not make ideology as a standard,her profound understanding and careful application of law,greatly make the maintenance of the majesty of the law.
Keywords/Search Tags:Thought of the independence of the judiciary, Thought of the death penalty, Abortion theory, Privacy rights, Equal protection of racial thought
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