209k views
1 vote
Courts have to decide whether to defer to community norms when setting a standard of negligence or to set a legal standard independently from the community norm. Make arguments for why a court might appropriately show more deference to community standards for porch steps than to a community standard for storing blood

1 Answer

0 votes

Final answer:

Courts may defer to community standards for porch steps due to their basis in widespread practices, but for specialized areas like storing blood, courts may set independent legal standards based on expertise and medical guidelines, in line with the principle of stare decisis.

Step-by-step explanation:

Courts often struggle with the decision of whether to defer to community norms when establishing a standard of negligence or to set a legal standard that is independent of these norms. One reason for a court to show more deference to community standards in the case of porch steps is that such standards generally emerge from widespread practices and collective understanding of safety within a community. These are the unspoken rules that govern the way we live and interact with one another, and adherence to them typically does not involve specialized knowledge. On the other hand, when it comes to technical or specialized areas such as the storing of blood, community standards may not be adequate due to the lack of widespread knowledge and the greater potential for harm. The storing of blood requires adherence to medical standards and involves considerations that are beyond the layperson's understanding, such as the prevention of contamination and disease transmission. Consequently, courts may opt to set a legal standard that is independent of community norms, relying on expert opinions and medical guidelines to define an appropriate level of care. The principle of stare decisis and the court's role in interpreting the law also underline the balance that courts must maintain between community standards and legal precedents, which can influence the setting of legal standards that uphold public safety and well-being over individual community practices.

User Blodrayne
by
8.3k points