POLC32H3 Lecture Notes - Lecture 3: Functional Response, Usury, Young Offender
14 Oct 2018
School
Department
Course
Professor
Document Summary
Exceptions: state enters as a private actor, engages in market things like hiring someone to refurbish offices. Payday loan type of places charge high interest. Conditions: property alienable (can do whatever you want with your property) Restrictive covenants: rejected for reasons because contrary to public policy (ex. Buying so(cid:373)ethi(cid:374)g o(cid:374) a lake a(cid:374)d (cid:272)a(cid:374)"t sell it to black people) Heterosexual or same sex are not really recognized the same (starting to be now though) Does not emerge as a neutral entity but as a functional response to intra societal conflicts. What courts are doing is not always going to be from pre-existing law. Gives ability to make rules that tend to favor certain sides. Democratic law-making: you agree to be subject of the law to abide by it which legitimizes the coercive use by the state. When courts decide a piece of legislation to be invalid, they are acting contrary to the law.
