According to Martin Shapiro, the consensual triad of courts collapses once a decision is  rendered. Further, whilst some be

According to Martin Shapiro, the consensual triad of courts collapses once a decision is 

rendered. Further, whilst some believe courts must react to evolving social standards, others insist that courts should be limited to the parties before them, leaving broader social 

concerns left to the elected branches of government and the people themselves.

The recent acquittal of Kyle Rittenhouse reignited debates about race, policing and justice in the USA. Whilst some have celebrated this as a triumph of justice, many will feel a deep 

sense of injustice, leading to questions of how much we can expect from courts, particularly 

trial courts, when faced with broader concerns of entrenched inequality.  

A. What does a case like that of Kyle Rittenhouse reflect regarding our notion of human rights and reasonable limitation? 

A1.How does it highlight the complexity faced by courts in resolving polycentric cases? That 

is to say, do we expect too much from courts? Or is the judicial system failing/refusing/

ill-equipped to tackle injustice and inequality?  

In your answer to this question, please address the following:

1. Explain how the tension between the adaptionist/nominalist view and the traditional/
   essentialist view is on display in a case of this nature;
2. Explain the significance of any two human rights schools of thought in understanding
   a case of this nature;
3. Refer to international law in your discussion, citing relevant schools of thought;
4. Use supporting evidence from lecture and course readings, and reference these
   sources in-text. The essay should show clear evidence of what you have learned in this
   course.
5. Always remember to make sure your own voice and thoughts are brought to bear,
   including whether you feel there are outcomes which could better serve the ends of
   justice.

Formatting & Instructions

Address all components of the prompt. There should be a clear argument, including an 

introduction with a thesis statement and a concluding paragraph. In writing the essay, make 

sure your own voice and thoughts are brought to bear. Your essay should demonstrate 

novelty and originality, while drawing on evidence from readings, lectures, and historical

 events. 

Your essay should be a minimum of 4.5 to a maximum of 5 pages in length, using 12 point 

Times New Roman font, double spaced, 1-inch margins, and submitted in Canvas. Essays that are shorter than 4.5 pages or longer than 5 pages will be penalized. You should draw on 

supporting evidence from lecture and course readings, and reference them as in-text 

citations. Please also include a page for references/bibliography as an additional page (e.g., a sixth separate page).