LAWS 1000 Lecture Notes - Lecture 11: Beekeeping
Document Summary
Economic sociology: how law and capitalism are connected. Capitalism: an economic and political system in which a country"s trade and industry are controlled by private owners for profit, rather than by the state. There are two functions of law within capitalism: Its power to develop substantive provisions (contracts, with binding and coercive usages) The assumption of law and capitalism is that a system operated by egoistic wills and the use of coercive instruments in events of non-performance. Pettkus v. becker (beekeeping case) dealing with the distribution of their assets following the dissolution of their relationships. The absence of any juristic reason for the enrichment. Divorce law provides a framework for divorcing couples themselves to determine their respective rights and responsibility after dissolution. According to mnookin: lawyers act more likely to use threats and adversarial tactics, bear influence on clients and initiate high costs.