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Lecture 13

LAWS 1000 Lecture Notes - Lecture 13: Class Action, Property Law, Ginger Beer

Course Code
LAWS 1000
Ozsu Faik

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LAWS1000 January 27th
David Trubek on Max Weber’s theory of Law and Capitalism:
Weber =
- Pioneer of modern sociology
- Wrote about different forms of different societies
- How they governed differently (Eurocentric view)
Superstructure (ideology, state, law)
Base (societal structures)
- Can’t be coincidental that its specifically there (Europe) and during that time
(renaissance) that there’s capitalism … coincidence = ideology
- Ideology comes first (Protestantism, the protestant movement)
- Weber says Protestantism = the reason by capitalism (Marx says the opposite)
Quotes from Trubek and Weber in slides
What law does = create a stable, predictable, etc. environment where capitalism can do its work
Private Law:
- At root, in common law tradition there’s 3 areas of private law that regulate relations
between private parties (instead of involving the state as a public party)
1. Contract law: Formalizes and uphold deals/bargains between private parties (not the
2. Property law: Formalizes and protects claims by private parties to ownership and
effective control over things
3. Tort law: the body of law dealing with non-criminal harms/injuries caused by a private
party to another, usually because of nuisance (ex: someone plays loud music in their own
house, their neighbours are bothered by it) or negligence: (Im a bartender and serve
someone mud instead of beer)
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