LS101 Lecture Notes - Lecture 3: Indian Act, Consolidated Laws Of New York, Intentional Tort
18 Oct 2016
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Document Summary
Negligence - duciary duty - higher threshold of care. Enforcement - scope of police discretionary power. Enforcing laws = creating norms within scope of powers. Police enforcement is reactive (not as much investigative) - dependent on citizen input. Institutionalized - strong hierarchy, internal mechanisms of discipline, strong bureaucratic structure, creates its own culture, has its own control boards. Laws (especially criminal) created to protect society from social harm. Most widely accepted, yet most simplistic version of law making. Problem - some people are deciding what is considered socially harmful. Laws are a special kind of re-institutionalized custom. Customs/norms/rules must be followed for institutions to function and society to continue. Lawmaking is the restatement of some customs. Failure of some norms makes it neccessary for them to be reinstated as laws. Consensual model of lawmaking = society decides the norms. Elite groups use the law do advance themselves and to maintain their higher position in society.
