2 years, 3 months ago
how does a state's "culture" reflect in its laws and lawmakers?
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A state's "culture" certainly is reflected in its officials and legislation.
Consider Utah - the home of the Church of Jesus Christ of Latter Day Saints (Mormons). While their current Constitution and legislation are consistent with the US Constitution, when they first applied for statehood, polygamy was an accepted practice there, and it was outlawed in their Constitution only because the Congress requested it (implying that the application for Statehood would be declined otherwise).
Even today, their laws reflect what would be considered a socially conservative mentality - it's one of only two states that outlaw all forms of gambling (Hawaii is the other!), and the sale of alcohol is strictly regulated. In addition, Utah regularly votes heavily Republican in national elections.
Louisiana, on the other hand, is a state with a heavily creole tradition, which is also reflected in its government and law. In fact, the laws of the state were based more on the "Code Napoleon" than on English common law, which forms the basis of law in the other 49 states. The main difference between the two systems is that English common law relies a great deal on the concept of precedent, wo that when judges rule, they're often limited by prior rulings by other judges. The Napoleonic Code requires judges to interpret the law, though, without consideration of previous rulings, even on timilar issues.
Exploring the laws of the different states will almost always turn up legislation designed to favor or recognize some aspect of that state's culture that's considered worthy of protection or promotion.
Consider Utah - the home of the Church of Jesus Christ of Latter Day Saints (Mormons). While their current Constitution and legislation are consistent with the US Constitution, when they first applied for statehood, polygamy was an accepted practice there, and it was outlawed in their Constitution only because the Congress requested it (implying that the application for Statehood would be declined otherwise).
Even today, their laws reflect what would be considered a socially conservative mentality - it's one of only two states that outlaw all forms of gambling (Hawaii is the other!), and the sale of alcohol is strictly regulated. In addition, Utah regularly votes heavily Republican in national elections.
Louisiana, on the other hand, is a state with a heavily creole tradition, which is also reflected in its government and law. In fact, the laws of the state were based more on the "Code Napoleon" than on English common law, which forms the basis of law in the other 49 states. The main difference between the two systems is that English common law relies a great deal on the concept of precedent, wo that when judges rule, they're often limited by prior rulings by other judges. The Napoleonic Code requires judges to interpret the law, though, without consideration of previous rulings, even on timilar issues.
Exploring the laws of the different states will almost always turn up legislation designed to favor or recognize some aspect of that state's culture that's considered worthy of protection or promotion.
source(s):
http://en.wikipedia.org/wiki/Utah#Law_and_government for the gambling information
http://www.media.utah.edu/UHE/s/STATEHOOD.html
http://www.la-legal.com/history_louisiana_law.htm
http://en.wikipedia.org/wiki/Utah#Law_and_government for the gambling information
http://www.media.utah.edu/UHE/s/STATEHOOD.html
http://www.la-legal.com/history_louisiana_law.htm
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