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The Law as the Progressive Science Case Study

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Updated: Jun 11th, 2021

Demonstrate an understanding of the principles/doctrines of civil and legal torts and concepts that are related to business activities and contexts

The case in question is associated with such concepts as gender, equality, and labor law. The lawsuit was brought by a female employer, W.C. Ritchie, who claimed that the statute the “Woman’s 10-Hour Law” was unconstitutional as it violated Illinois Constitution (the Equal Protection Clause). The court decided that the statute was unlawful and it was not consistent with the values and norms that existed at that period. The judge referred to the Buchannan case and noted that the law should be a progressive science.

The modern individual is likely to see the statute as unlawful as it violates the rights of women. The statute is outdated as the contemporary society is characterized by the active participation of females. Gender roles are undergoing certain changes, and there are no such rigid conventions concerning the role to be taken. Females do not have to focus on family and maternity issues as many women do not have children at all. This statute can be regarded as an effective illustration of the need to see the law as the progressive science. The society is transforming, and many regulations become outdated since norms, values, technologies, and environments are changing.

It will be almost impossible to overturn the Precedent as the decisions made in the past decades ensure equal rights of genders. The end of the 21st century can be characterized by a remarkable shift towards female’s empowerment as courts tend to support women’s right to be equal with men in all aspect of their life. Although some cases favoring males were quite common in the first part of the 20th century, it is unlikely that a judge could refer to those cases as the law is mainly regarded as a progressive science.

Identify civil and legal torts in actual cases of business activities or practices

In the case under consideration, the plaintiff is Jennifer Lawrence as she suffered a reputational (and might suffer financial) damage due to the exposure of her private photos. The hacker who revealed the photos is the defendant as this individual caused certain damage to another person. The case in question is civil as it does not involve such serious crime as murder or robbery. More so, an individual files a suit, which is a feature of civil cases. In criminal cases, the government (a state or federal) become the plaintiff.

The plaintiff accused the defendant of committing an intentional tort as the defendant acquired the photos and deliberately revealed them to the public. The plaintiff focuses on her right to privacy while the plaintiff may concentrate on the idea that revealing this information could be used to improve the society. The plaintiff could stress that such systems as iCloud and any other digital storing platform is vulnerable so private photos should be stored in safer places. Finally, the plaintiff could emphasize that quite scandalous photos were revealed to attract more attention as Lawrence is a celebrity that has a significant impact on younger generations.

Negligence torts are quite common in the business world. Companies often lose money due to their negligence. For example, Liebeck v. McDonald’s Restaurants can be regarded as an example of negligence. Stella Liebeck spilled her McDonald’s coffee and received third-degree burns. She addressed the company to pay her bills, but the company refused. The old lady filed the lawsuit. Clearly, the company is responsible for serving safe beverages. Importantly, there are quite many guidelines and studies concerning the appropriate temperature of coffee. Therefore, it is possible to note that the company can be accused of an intentional tort.

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IvyPanda. (2021, June 11). The Law as the Progressive Science. Retrieved from https://ivypanda.com/essays/the-law-as-the-progressive-science/

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IvyPanda. "The Law as the Progressive Science." June 11, 2021. https://ivypanda.com/essays/the-law-as-the-progressive-science/.

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IvyPanda. 2021. "The Law as the Progressive Science." June 11, 2021. https://ivypanda.com/essays/the-law-as-the-progressive-science/.

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IvyPanda. (2021) 'The Law as the Progressive Science'. 11 June.

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