Class Notes (806,507)
Canada (492,261)
LWSO 201 (30)

LWSO201 - Economic Theories of Law_7.doc

5 Pages
Unlock Document

University of Calgary
Law and Society
LWSO 201
Marywyatt Sindlinger

Economic Theories of Law 1) Legal Liberalism: general features • Starts from the idea of the individualized self • The individual is relational/free choosing/autonomous prior and independent of community and other selves • Believe that laws are created according to a fair legal process a) Commitment to democratically promulgated rules b) Equal treatment of all citizens before and under the law • No individual is higher or lower in the law c) Separation of the legislation and judicial functions’ d) Legal principles broadly formulated e) Procedural formalities • To protect the individual • If the individual takes care of themselves, the whole community will prosper Critiques: • Humans aren’t rational • Idea is premised on the idea we are all equal but we aren’t equally rational or autonomous. We aren’t equal in our capacities, and in who holds the power 2) Legal liberalism and ties to capitalism: • Free to buy/sell whatever we want a) Nature of human beings: The Individualized Self • rational, free thinking, autonomous, prior to and independent of the community and other selves b) Linked to democracy and capitalism c) 3 fundamental governing principles: • Liberty – the state/law should provide citizens with as much space as possible to pursue their interests (lower taxes, fewer laws) • Equality – each person has the equal right to pursue their own interests to the best of their ability, without being held back by gender/race/etc. • Neutrality of the state – state is agnostic as to the nature of a good life and takes no position in defining what a good life is for an individual Result: decreases government intervention in law and society. Certain things happen: 1 – we bump into each other (law should provide as little bumping as possible) – I can’t use my liberty to pursue interests in order to interfere with yours 2 – pave the way for certain types of relationships in society (help contracts); should facilitate relationships that are positive in society - but where do you draw the line between rights of the individual and society? (Canadian Charter of Rights and Freedoms) a) Formal vs. substantive equality • Formal – equality of treatment • Substantive – equality of opportunity b) law as balancing tool between individual and social existence c) Max Weber, Law and Capitalism Legal liberalism and capitalism • Both start form individual perspective • Capitalism - to maximize the freedom of the individual and maximize own wealth • Legal liberalism supports that idea (entitled to the million dollars you made selling shoes) • Legal liberalists — don't want state taxes • Legal liberalism and capitalism are intertwined and they blossom TOGETHER. One doesn't cause the other • Feature — provide structure, stability and certainty • Why? feed own self interest but creates a very unstable society (flour example) • Capitalism to work = contracts will be held ( sometimes in our best interest to just break contracts but ) certainty of contract and certainty of relationships • Providing a stable predictable society • Capitalism supports legal liberalist society • They help each other and support each other Calculability • two ways you can get it • 1 - internalization of normative standards (wouldn't be nice to the first flour guy) • 2 - external sanctions ( 2 kinds) • informal - customs • formal — law (if you break that deal you will be punished) • cases: Microsoft corp. and rudder • where? only Washington state — started in Ontario though (poor) • court said no - must be in Washington • court called it the sanctity of agreement • desoraneaux vs. childs • social host responsible for the actions of a drunk driver? BYOB party • demeraux - guest 0.235 • struct a child (paralized now) • Supreme Court of Canada - no he isn't responsible • common law is a jealous guardian of individual autonomy Internalization of normative standards External sanctions g)
More Less

Related notes for LWSO 201

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.