The Research Of Thurgood Marshall's Thoughts On Rights

Thurgood Marshall,was the first African-American Justice of the United States Supreme Court.Since childhood,Marshall has experienced discrimination and social inequality from white people.The early growth environment gave him a deep sense of the depression of the bottom of society and the cruelty of discrimination.But Marshall did not succumb to entrenched racial discrimination in society,and his quest for racial equality grew stronger with age.Fortunately,Marshall met his mentor,Charles Hamilton Houston.Under the guidance of the master,Marshall learned to use the law and set an example for the vulnerable group in the pursuit of civil rights--rights and equality must be earned on their own.Marshall was a figure full of controversy and influence.On the one hand,Marshal had a special background and life experience.As a member of the social fringe,Marshall was keenly aware of the need and urgency of the struggle for civil rights,so he devoted himself to protect the rights of the minorities and vulnerable groups.Marshall brought his idea of civil rights to the Supreme Court,which the former Justices did not have.Marshall,on the other hand,has the very strong judicial practice background,especially his more than 20 years experience of the attorney of NAACP,which enrich the civil rights thought of Marshall.Therefore,Marshall's view on civil rights in the society is advanced and liberal.Justice Marshall proposed many new ideas that many conservative judges disagree.However,a few years later,many of his objections rose to the mainstream judgment opinion in the Supreme Court.Marshall put his own view of civil rights to the judgement opinion,and put forward many dissent to the controversial cases,which makes an important contribution to update and develop the case law of U.S.Marshall's legal thoughts were comprehensive,systematic,profound and unique.Marshall took legal pragmatism as the basis of thought and the theory of equality as the core of thought,which theory was constantly updated by Marshall.He emphasized judicial activism,and a broad interpretation of the Constitution.To protect the rights of vulnerable groups,Marshall advocate to expand rights protection and fight against discrimination in the field of the political rights,civil rights,economic social and cultural rights and the rights of the special.It is well worth noticing that with the change of Marshall's career,his legal thoughts had changed and developed accordingly.The rights thought of early stage mainly focus on defending for the black,abolishing segregation and discrimination,and fighting for racial equality.In the later stage,the vision of rights was broadened to maintain the rights of vulnerable groups including women and economically disadvantaged whites.This article is divided into six parts.Preface introduces Marshall's life experience and social background.Through the analysis of Marshall's family background,education,social relationship,early experience,as well as America's political reality and social foundation,this paper will research the impact of these background factors for Marshall's legal thought.The first part studies the view of political rights.Marshall believed that equality was the core right of the Constitution,and he spent his lifetime trying to update and develop the concept of "living constitution",and to pursue the equal rights of minority groups through the struggling of the courts.The second part is the view of civil rights.The right to life is the most basic right of citizens,and cannot be arbitrarily deprived.Marshall was very cautious about the death penalty which was denial of the right to life.Marshall opposed the death penalty,from defending for defendants who were sentenced to death penalty as an attorney to saying "no" to the death penalty as a dissenting justice.At the same time,Marshall also emphasized the protection of the personal freedom and security of citizens,procedural justice which is the guarantee of the entity justice,and the protection of the right of citizens.The third part studies economic,social and cultural rights thoughts.Marshall had been worked at the NAACP for more than 20 years.As a chief lawyer,Marshall devoted almost all his energy to fighting against apartheid in a legal form.Marshall made his efforts to abolish segregation and to fight for racial equality for ethnic minorities in education,housing and public facilities area.The road involving the interests of those in power was full of brambles,and Marshall's every step was a difficult one,but he did not turn his back on it.Finally,in 1954,Marshall created the famous case of brown v.board of education.The fourth part studies the view of the rights of special groups.In addition to the black and other minority rights,Marshall also attaches great importance to other special groups of rights protection,including women and abortion rights,labor rights,weakness of the poor in economy,it also reflects mature of Marshall's thought.The last part is the analysis of evaluation and practical significance of Marshall's thought.In the age that the minority rights was always ignored,Marshall's "dissent" cannot control the mainstream view,but played an important role in the history of the civil rights movement,and he is a real civil rights fighter.