CRIM 135 Lecture : Topic #1.docx
6 Dec 2013
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Our general beliefs about right or wrong, what"s important what"s not: the role of values in the law/legal system. All laws are based on values (reflect values) No such thing as neutral law/ value-free law. Reflect who"s values: aspire to have law reflect value of people who elect laws (as broadly as possible, also values of politicians, judges who apply the law, the major theoretical/philosophical perspectives on the law, positivist perspective. Process more important that substance (legal process > specifics of law ) Accepts that there may be separation between law and morality (maybe morally wrong but still the law) As long as it went through legal process, it is the law. The only valid laws are ones that are made with proper legal authority. Forms a stable society; no laws = chaos. If don"t agree with the law (morality wise), change the law through legal process. This is the most common/ widely believed perspective.
