POLC32H3 Lecture 2: Lec 2
14 Oct 2018
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Contract theory is not quite natural law but more legal positivism. Associated with divinity a god, a king, etc. We went through a shift towards social contract theory. People did(cid:374)"t believe that havi(cid:374)g a god or ki(cid:374)g (cid:373)ade people comply. Man-made and anything a law maker says, goes. Law and morality separable in practice this is rare because law makers have their own beliefs most of the time. Can be sovereign, monarchy, institution, oligarchy, parliament. Cls: midlevel theory looks at class/wealth are reinforced by a given legal system in particular cases. Mechanical jurisprudence: common but odious practice whereby judges woodenly applied previous precedents to the facts of cases with relentless disregard for the consequences. Reasonable doubt: needs to be proof beyond reasonable doubt to convict someone of something. Restricted liberty is the most serious exercise of state authority. Judiciary is concerned with the appropriate penalty of a wrong.
