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Civil Rights and the US Legal System - Research Paper Example

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The paper describes civil rights in the US legal system. Enjoyment of any right or category of rights requires the enjoyment of other rights, which forms part of the rights enjoyed. This implies that these rights are interrelated and are brought into a relationship of mutual connectedness…
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Civil Rights and the US Legal System
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Civil rights in the US legal system include economic, political, and social rights. This is so because these rights support and enforce civil rights. Enjoyment of any right or category of rights requires the enjoyment of other rights, which forms part of the rights enjoyed. This implies that these rights are interrelated and are brought into a relationship of mutual connectedness. Bringing these rights together forms an independent, interrelated and independent relationship between them. They are indivisible and; therefore, must be considered together since separating them renders civil rights ineffective.

The linkage between these rights is necessary because they provide indispensable support to already justified civil rights, and without these other rights civil rights cannot be fully enjoyed. It is, therefore, imperative that the full realization of civil rights without economic, political, and social rights is impossible and as such these rights are significant in the realization of civil rights. In this context, political rights are rights which include freedom of expression, the right to take part in the government, the right to vote and freedom of association and assembly.

Economic rights, on the other hand, are those rights which an individual freely accepts or chooses and include the right to work, right to property, the right to join a trade union, fair wages. Social rights are those rights which are essential for a satisfactory standard of living, and these rights include the rights to shelter, health, social care, food, and education (Abadinsky, 78). These types of civil rights were treated differently by the US legal system during the struggle over civil rights as they are currently treated.

During the struggle over civil rights, the emphasis on civil rights was on liberty and political participation. This leaning meant that the rights were political in nature and served to protect the citizens from the excess of the state. Consequently, when political rights were achieved the system shifted to encompass equality which is mostly economic and social rights. The recognition of these rights in the United States legal system shifted progressively from the most fundamental rights to the less basic ones after the achievement of the former.

The reason these rights were treated differently in the US legal system is because their realization was progressive. Civil rights were not realized at the same time, and the circumstances requiring the adoption of these rights were also different. Some rights were considered more significant than others, and the realization and recognition of some rights received more attention in the legal system. The implications of the rights on society also played a prominent part in how the rights were treated then and now.

In effect rights touching on freedom from slavery, equality and the right to vote preceded other rights like the right to due process because of the significance of enacting these rights and as such were treated differently. Another factor that is responsible for the dissimilar treatment is the changing standards of civil rights. It is noteworthy to note that the civil rights standards have changed over time to reflect on internationally accepted civil rights standards (Saito, 391). Work cited Abadinsky, Howard.

Law and justice: An introduction to the American legal system. Chicago: Nelson-Hall, 1998. Saito, Natsu Taylor. "Beyond Civil Rights: Considering" Third Generation" International Human Rights Law in the United States." The University of Miami Inter-American Law Review 28.2 (1996): 387-412.

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