ANTH 363 Lecture Notes - Lecture 4: Precedent
14 Feb 2017
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Compare common law (english) with civil law (french) compare them as cultural formations. Other canadian states are -> common law. Analogical - line up the facts, the law, keep the same decision for similar cases. Precedent - (stare decisis) let the decision stand. Ancient rome, protocols, french -> everything divided in 2, female/male night/day structure. 1 book on: contracts, persons, obligations and properties. The rule of law and not of men. Continuity - to one case to the next. Objectivity - just finding the same facts. Neutral, almost scientific experts use of finding the similarities of. They dont determine reason just determine precedence. You want to know who is gonna win the case, just check to which country club the judge goes to. How the justice shifted because of different courts. 1 - manifestation on the shopping center: manifestation related tot he shipping mall are. But not about war or something else not related to the mall.
