LAWS 2908 Lecture Notes - Lecture 7: Critical Legal Studies, Legal Realism, Judicial Activism
19 Oct 2017
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A legal studies approach example: thinking about crime. Laws2908 october 19, 2017: creates a vulnerability & power imbalance. Is this discriminatory behaviour: strict doctrinal approach looks at what the law actually is & the response, legal studies approach looks at the entire picture, asks the bigger questions about choices made & its impact on community. Legal studies theories (devlin article: natural law, a set of assumptions claiming that the law is universal & objective, beyond any historical or political context, obey the law bc. it"s valid & in accordance w the right reason. Scholarly articles & other sources dealing with debates about topic. Breakdown r. q. into smaller questions needed to answer rq. Canadian security certificate issue vs. uk security certificate issue: historical, use historical development of response to a particular issue as a framework to provide context for understanding of modern developments, purely theoretical, focus on conceptual or theoretical arguments.
