LAWS 1000 Lecture Notes - Lecture 3: Georg Simmel, Legal Realism, Daily Operation
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What do they do: consensus (durkheim, parsons & functionalism, society is functionally integrated (whole, an organic metaphor, society is like a living organ. The law has not attributes of its own. b/c it is based on consensus they think that(cid:495)s what everyone wants and that(cid:495)s the way everyone likes it: societies values as a whole. Can be about race etc. : law is not neutral or unbiased (used by some group to secure interests, thus law is (cid:498)interested(cid:499) not neutral. Natural law: origins- ancient greece about them they are just there. Content over form we don(cid:495)t care how it was recorder: advantages: law must have some (cid:498)moral(cid:499) content. Provides criteria (cid:498)outside(cid:499) determined through human reason (aquinas- modernity) Outside of our ability to make them, but we can break them: weaknesses: which/whose morality is the morality that should inform and law to challenge law legitimize law, relatively less stable and predictable (knowable) (than pos law)
