WGS365H1 Lecture Notes - Lecture 2: Feminist Legal Theory, Legal Positivism, Legal Tests
28 Nov 2016
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We e k 2: fe m in is t le g a l th e o ry: lib e ra l a n d ra d ic a l. Represents the balance of things - the official version of the law. How the law would like us to think things are. Lower courts are bound by the decision of higher courts. Two advocates in a criminal court presenting to a judge and a jury. Courtroom is a competition with two narratives about what legal test should apply - judge picks one fact. Separation of different governing powers into bodies with different issues under their governance, e. g. education. Judicial system has its own autonomy over the law - consistent and divorced from more political contexts of the state - impartiality connects to method by the way judges use their powers (legal positivism) Representative of the people connect it back to judge and jury.
