CRM 1301 Lecture Notes - Lecture 2: Community Cohesion, Eye For An Eye, Norm (Social)
9 Feb 2017
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Actually a process of justice how we come to create laws. Application of rules found in other cases. Different from civil law: roman, french, german (codified laws that never change, classical approach. Common law allows cases to be challenged by citizens (is the law constitutional) Judges determine if that law makes sense given changing facts about the case. Right to rememdy if you have been wronged under our laws u can demand to have it fixed (ex. Does not supply the value of the law (process does not give validity to those laws) what makes a law valid is the cultural values at that moment in time. Judiciary (process of law) embedded in the culture in which the judgement esists, Culture: what the people feel (how grandparents feel and how the younger generation feels) Natural law: originates in tribal law, fundamental obligation to obey moral custom, antiquity, gets taken up in christianity.
