LAWS 2301 Lecture Notes - Lecture 2: Social Order, Social Change, Rationality
11 Mar 2018
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Document Summary
We must take into account a number of other disciplines when studying law. On what the law means, what it should do, and that the law operates for the benefit of the system and not any particular group. Often the causes of crime are overlooked by the traditional legal perspective. Social order and the role of law. All depictions of law are viewed as being closely connected with their relevant social issues. Little overall impact on the traditional approach. Rational analysis of behavioural costs and benefits. An assumption is made that individuals will make rational decisions based on the likelihood of being caught. Survival of social system through resolution of conflict. Defines state as the referee in the entire criminal law" process. Accepts that there is an imbalance sometimes, and strives for the greatest good for the greatest number of people. Conflict theory (instrumentalist - came about as a response to pluralism)
