CRIM 332 Lecture Notes - Lecture 2: Proletariat, Bourgeoisie, Benjamin N. Cardozo
28 Jan 2018
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Jan 12, 2018 understanding law: a review of classical theoretical frameworks. Process of change (protecting the minority from the majority, charters are made so the power doesn"t take away, not everyone has their rights recognized) Theories of law and society (each has its inherent limitations) Classical legal theory: natural law, legal positivism, legal realism. Classical sociological theory: durkheim, marx, weber. Latimer was charged with first degree murder then second degree, life sentence without parole for 10 years, appeal but failed. 1997 trial started all over but charged with second degree murder, life imprisonment, 10 years before parole was too long so appeal. Court said he didn"t have to kill his daughter it wasn"t out of necessity. Natural law theory (naturalism) law should reflect this natural moral order link between law and morality law is essentially grounded in a natural moral order (law and morality are linked; laws write down what it has dictated.
