In the context of this assignment I investigated the views towards transsexuals described in the latter definition, as a person who has undergone a medical operation to change their natal sex. The essay is an analysis of the changes in attitude of society towards transsexuals sincein an attempt to identify what may have contributed towards this change and how the modern society now view transsexuals.
Common law The English legal system is a common law system, where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts, stare decisis, and they abide by them. This could be said to create a consistent and fair system i.
The two are linked in that they will help judges deal with cases in circumstances which have arisen before but also new situations where the law will need to be applied for the first time. Persuasive precedent may also come Bellinger and transsexuals essay a lower court such as in R v R where the House of Lords held the decision of the Court of Appeal.
Here a new precedent overturned the assumption that a man cannot rape his wife. This shows that through precedent the law can evolve as society develops and absurd outcomes can be avoided that occur by simply following the statutes.
Judicial Precedent can be avoided by distinguishing, i. The cases of Balfour v Balfour and Merritt v Merrittwere considered different as in the Merritt case there was a legal contract between husband and wife in writing where as the Balfour case was a domestic arrangement with no written contract.
Judges avoid overruling as that would mean they were challenging existing legislation or precedent and making law rather than interpreting it. In the case of R v R they were careful to state they were removing a misconception rather than changing the law.
Avoiding precedent disadvantages the consistency of case law and the certainty which it brings, where one could be sure of an outcome based on what has come before. It does allow judges discretion and evolving technology means that is necessary as the facts are frequently changing.
This means precedent is modified as interpretation of the law can change over time. It can be up to the judge whether they are bound or not, which goes against the system on which the English Legal System was founded. This shows another disadvantage of case law where judges can be seen to by take in the creation of law.
However this sort of discretion avoids small matters heading to parliament. Statutory Interpretation is important as it leads to the creation of precedent.
It is important as a word can have more than one meaning, the legislation can be poorly worded and over time language changes. There are four ways of statutory interpretation.
The literal rule takes the wording as it stands without really considering the meaning. R v Goodwin attempted to equate a jet-ski to a ship and convicted under the Merchant Shipping Act.
Seeing as there was no precedent for these facts an attempt to interpret this piece of legislation in this way led to an absurd outcome. A higher court quashed the conviction seeing a jet-ski was not a navigation ship.
This approach is fair in that the wishes of parliament are followed by sometimes the wording of statues causes problems in the interpretation e. Inland Revenue v Hinchy where it was unclear whether the fine for a late tax return was treble tax owed or treble the total tax bill. The literal approach led to a much bigger fine than was merited.
Clearly this method has limitations when wording can be challenged, however it makes sure judges declare law rather than make it so keeps law creation and declaration independent.
The golden rule is used when the literal rule would lead to an absurd outcome. It can be applied in the narrow sense where a word has two meanings.
In R v Allen to take the word marry at its first meaning would make bigamy impossible and nobody would be guilty. Similarly Adler v George where in the area itself constituted in the vicinity of the area.Family Law. The World’s Finest state.
The “4 steps” pre-surgery treatment (reffered to in Bellinger) was affirmed and supervised by state as well.
The ongoing psychological and medical debates to the nature of “as to the exact "the unsatisfactory situation in which post-operative transsexuals live in an intermediate zone as not. Transsexualism and Transgenderism Essay Sample Transgender or transsexual persons are individuals whose experience of their assigned or sex anatomy is subjective to the incongruence of their gender identification.
Most people go about their lives without ever giving thought to their gender. They never blink an eye when they chose to go into a bathroom, when the room is divided by genders, when they walk into the store to buy some clothes and go to either the male or female section.
The first part of the essay outlines the reasoning of English law for non-recognition of same sex marriages celebrated overseas.
While the second part points out the acknowledgement English law has afforded to transsexuals. Part-I Same sex marriages celebrated overseas. Bellinger v. Bellinger (High Court) reads more like a discursive essay on trans rights than the decision of a court, Johnson particularly transvestites and transsexuals’.
After a long course of counselling and medical treatment, in February Mrs Bellinger. The essay is an analysis of the changes in attitude of society towards transsexuals since , in an attempt to identify what may have contributed towards this change and how the modern society now view transsexuals.
For the purpose of this essay I chose to concentrate on society's attitude towards transsexuals in the UK.