LAWS 1000 Lecture Notes - Lecture 1: Bourgeoisie, Critical Legal Studies, Racialization
Document Summary
Goal of law is to promote predictability, calculability and stability of social relations (law as science)! Laws are historically & socially contingent (montesquieu & maine)! If everyone was allowed to everything they want, it would be anarchy. Needs rules to maintain orders between members of a society. Social contract: i give away my freedom to make violence to the state, as long as the state protects me from violence. Give away freedom to do something in exchange of the state"s protection! Parliamentary supremacy : "when parliament speaks, everything changes"! Weaknesses: immoral\racist\sexist etc. law may still be valid law! Very conservative approach to law (law follows rather than leads in reg. to. Lies behind positive law. social change) ( eg. sexual assault 1983)! Valid process can still give racist or sexist laws. Emerges predominantly in us in 1920-30 ----in response to legal. Laws can drive social changes. positivism claim that law autonomous from pol!
