Use of Social Science Data in Muller v. Oregon and Roe v. Wade

Use of Social Science Data in Muller v. Oregon and Roe v. Wade

Introduction

Besides a proper legal system and an effective and functional constitution, avoiding certain grievances and injustices within a society is both impossible and inevitable. Only in some cases, these injustices are noticed and hence taken into consideration by the courts. There have been a number of incidences in the history of United States of America which when noticed resulted in the introduction of various new constitutional clauses or amendments to the already existing constitution. However, the important thing to note is that these cases undergo a number of stages to make possible the necessary changes in the law. Moreover, there are various factors, areas and disciplines that played an important in making possible the identification of several injustices in the society. Two of such significant cases in the history of American constitution include Muller v. Oregon case that took place in the year 1908 and the Roe v. Wade that took place in the year 1988. The factor that played an essential role in facilitating the research, progress and decision making for the two cases is the use of the various social sciences aspects and most importantly, the data and information retrieved in context of the discipline of Social Sciences. The paper, therefore, aims to discuss the background of the two legal cases and the role of social sciences and the social sciences data in the successful and effective evaluation and trial of the two cases.

Discussion

Both the two mentioned cases have a significant role to play in introducing the use of social sciences and the social sciences data in the field of law. In fact, before the Muller v. Oregon case, social sciences field did not have much use in the courtroom practices. Hence, the distinction that Muller v. Oregon case has over not just the Roe v. Wade case however to several other cases that followed is that it introduced the application of social sciences in the field of law. In fact, it will be fair to say that unlike Roe v. Wade case, the Muller v. Oregon is the pioneer of using the discipline of social sciences for making a better and just decision in a case hearing in court.

Muller v. Oregon and Social Sciences It all started in the year 1903 when a law was passed that limited the working hours for women in laundries and factories for ten hours only. In 1905, a company owner by the name Muller forced one of her female employee to work for over ten hours. The employee filed a case against Muller. The case was lead by Louis Brandies. When the case got to the Supreme Court, Brandie practiced an approach that was different and unique from the ones adapted in the past. He simply related the case of the female employee to the entire society. Hence, his research encompassed the possible effects of long and ...