CRIM 135 Lecture : The Nature of Law - WEEK 1.docx
16 Jan 2013
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Document Summary
Rules that are made through a formal process for establishing and enforcing laws. Community leaders help to shape values ( politicians, teachers, etc) Politicians, legislators, judges influence values of the laws. Process is more important than substance, process is most important. Only valid law is made by sovereign. Concerned about what law is, not ought to be to be. Put heavy emphasis on stability, certainty, and predictability. Morality of laws is important -> change law through legal process. Insists on a clear link between law and morality (difference from positivist) Unjust/immoral law is not valid (difference from positivist) Now, if law doesn"t respect field, law should not be followed. Reminds people to think of morality of law -> helps analyze law. Only understand law through context of how law is made. Understand elements of application of law and understand law.
