LAWS 1000 Lecture Notes - Lecture 6: Jury Nullification, White Supremacy, Aboriginal Title
30 Jan 2018
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Class 6 legal liberalism and its critics: recap: legal liberalism, critiques of legal liberalism, legal realism, critical legal studies, feminist legal theory, critical race theory, critical aboriginal theory, critiques of the critics. Legal liberalism recap: dominant conception of canadian society, individuals as primary social actors, assumes that individuals are: Rational, self-interested, autonomous, dignified: law should protect liberty, equality, law should act neutrally. Legal liberalism critiques: assumptions are flawed, euro-centric conception of individual/society, internal tensions, law is not neutral. No approach to justifying if law is legitimate: legal positivists?- ignore rules (laws that get applied). A critical school, argued legal realism doesn"t go far enough. Power distributed by elected: focus on judges as a part of broader political system (broader than legal realism, critical of judicial method; judges reasoning is just to justify their decisions. Reinforce poverty of women in society e. g. if woman left man, would lose property.
