Hi, I need help with essay on The approach of English law towards duty of care has been inconsistent, illogical and unfair on the claimant. Paper must be at least 1750 words. Please, no plagiarized work!
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The author is of the belief that it is when one looks at the cases involving gender orientation discrimination that one sees best how English law is inconsistent, illogical and unfair on the claimant. The cases examined will demonstrate not only legal contortionism at play, but language contortionism as well. After all, as stated by Andrew Altman in the article Legal Realism, Critical Studies and Dworkin, (1986) the law is infused with irresolvably opposed principles and ideals, and this legal indeterminacy, as it is called, compels the judge to make a choice that is not dictated by law. Once-sacrosanct legal precepts are being dismantled, stare decisis as a doctrine is being reexamined, and the infallibility of the courts as repository of truth and justice is being questioned. The law is no longer a fabric of clearly-defined spectrums, but is rather a patchwork quilt of various shades of gray.