LAWS 2301 Lecture Notes - Lecture 3: Rationality, Critical Theory, Social Order
Document Summary
Theoretical issues & perspectives: what shapes theory, ideology or beliefs, terminology used, discipline(s) applied. Looks at the state as being accessible to everyone; having equal opportunity but not equal power. The state is the (cid:271)est (cid:373)e(cid:272)ha(cid:374)is(cid:373) (cid:271)e(cid:272)ause it"s (cid:862)(cid:374)eutral(cid:863) The state does the best it can for the common good given the resources. 3: rule of law (education) presented as paramount to the public. (cid:449)here people are taught (cid:862)(cid:374)o o(cid:374)e is a(cid:271)o(cid:448)e the la(cid:449)(cid:863) although this is not applied in reality: enforcement (control/discipline, contextual considerations: time and place. Critical race theory: unequal representations in the criminal justice system, power relations and impact on functioning of criminal justice. Feminist perspective: power relations, sameness vs. difference, intersections of race and class. Critical theorist: broader social circumstances (time/place, reasons behind the crimes. Conflict theorist: societal oppression/responsibility, oppressing first nation people, society is responsible for. Legal pluralism: restoration over retribution, adhering to societies norms.
