SOC211H5 Lecture Notes - Lecture 3: Social Order, Restorative Justice, Procedural Justice
Document Summary
Law is a system of rules created and enforced by the state. Law exists as texts, either as legislation or as decisions of judges. Promises procedural justice - the right to a fair hearing before an unbiased judge. Indigenous understandings of law draw on a different world view. Emphasize balance and harmony among community members and with their environment. The goal is to promote the offender"s rehabilitation and the healing of the community. The process by which norms turn into laws vary. Norms and laws may co-exist, overlap, and reinforce each other. Fuller (1975) argues that the process of creating some laws may be private. Private agreement and trade precautions become law when enforced by the courts. Some of the main branches of law include: Sets out the behaviour that is unacceptable and the punishment that will flow from engaging in it.
