CRCJ 3003 Lecture 4: 2202 feb 3

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LAWS 2202
Feb 3
Contracts
-3 essential elements
-offer is a proposal of an exchange.
-acceptance: informed agreement to the offer/proposal.
-consideration: exchange of some kind of value
-contracts don’t need to be fair.
-range from simple to very complex. Every small purchase at the store is a small contract.
-the more complex the contract the more chance of disputes. Most disputes relate to a breach.
-breach: not fulfilling the promises outlined in contract.
-marriage is a form of contract.
-contracts can also imply obligations to other people. Breaches and conflict can involve third parties.
-compared with torts, in contract the relationship with parties is already established and obligations are
already set out.
In context
-classical view: related to a lot of social theory that put autonomy of individual at forefront. Courts less
inclined to get involved.
-contemporary view
Max Weber
-why did capitalism grow in north America?
-analysis involves religion and its ties to capitalism
-second question looks at what capitalism is. Why it works, how it works.
-looks at how society changed, euro centric view.
-from legal perspective, his big question was “was is law role in allowing society to function proeperly”
Law as precondition
-law is a n underpinning necessity for contemporary society.
-legal order is required for capitalism to work.
-social order that are set up in such a way that makes them easy to predict. Rules are set up and they
can predicted how they will be applied. Law is not random, but consistent. This is fertile ground for
capitalism to grow.
-need system that will enforce the fulfillment of promises. Predictability is necessary for capitalist
exchange.
-allows for us to have means, ends calculation. You can predict outcome of agreement and that state
will enforce it should agreement be broken.
-law looks neutral, but built on unequal system.
Weber’s sociology and socio legal studies
-3 types of social action
-traditional: social action based on how things work. Monarchy is based on this principle.
-affective social action: patriotism and revenge are sometimes based on emotional concept.
-rational: this was becoming dominant in western society.
-instrumental rational: concerned more with efficiency.
-value rational: making due considerations but thinking about value of course of action or end.
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