LCL 1502 Lecture Notes - Lecture 6: Summary Offence, Double Aspect, Judicial Discretion
10 Oct 2017
School
Department
Course
Professor
Document Summary
What is legitimacy as constructing stuff as criminal offence: trump made threat to send clinton to prison, = unprecedented, significant comment he made that undermines democracy. Political disagreement is allowed free from fear or threat. Bottom line of what hes saying: promise to prosecute opponent threatens power, has to be dissent prohibited, undermines criminal justice framework, risk of ending democratic rule in a country that has been a democratic country. Democratic rule of law, us has been a leader. Crim law vs politics: crim law is politics= theoretical lens is= consensus approach. Trump is telling truth about law: clli(cid:374)to(cid:374) (cid:449)as(cid:374)"t (cid:272)ha(cid:396)ged , maybe not trump who is bringing piolitcs to politicsmaybe clinton is. Law has been political all along: who is more upset by trumps statement ? consensus or critical, co(cid:374)se(cid:374)sus= la(cid:449) is(cid:374)"t politi(cid:272)s, its (cid:373)o(cid:396)e spe(cid:272)ial. Law is politically neutral: criticl= law is about conflict and politics. Law is not politically neutral: consensus would be upset.
