WDW215 Lecture #2

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Woodsworth College Courses
Jim Davies

09/16/13 WDW215 Lecture #2 Power: Freedman: Law School: how to practise law, and now it is functioned in society - Law and society is a lot about power - We don’t assume that the laws will always protect the vulnerable population - Conflict theorist: legal system as a tool of dominate o Use the law to exert power over the less powerful - How do we define and understand power? Lukes: three dimensions of power 1. The power of A over B is the amount of resistance by B that can be overcome by A (overts aspects of power, defined as domination and resistance) a. Direct confrontation b. Vetos: whether a government can decide c. Exchange Theory/Power dependence theory i. Peoples ability to make threats or promises within some kind od exchange relationship - Employers vs. employees (take forward, gets taken down) 2. What type of issues do not make it to public debates a. Feminist legal scholars: equal pay, maternity leave … etc Two ways it is prevent 1. Deterrence, the weaker team knows that they will lose - Losing battle, internalized dominance - Overt confrontations declines, absence of confrontation, power is at work 2. Agenda Setting: Procedural rules: who wins, depends on who sets the ground rules and who shows up to fight, those that show up will decide the rules, control access, control how people can bring things to the public forum, what can be bought into court a. Who controls the rules - Environmental claims / university grades (proceeded, but don’t take it forward) 3. If people don’t know their Covert Preference setting Manipulation: if people do know about something, they will change their beliefs Persuasion: people A convinces person B to believe Impersonal cultural forces: shape people norms, values, all is effected by ones cultural norms - Even the people in power, believe that what they are doing is correct - Manipulation, intentional and insincere - Persuasion: intentional and sincere - Impersonal cultural forces: false consciousness Galanter: 2 dimension of power - Why the halves come out ahead 09/16/13 - Components of the legal system, body of authoritative normative learning, court, body of persons with skills, person or bodies that make reference to the rule (parties) - We are all always in competitive / partially competitive relationships with opposing interests - Decisions are made by preexisting norms irrespective of relationship to party o Rules are considered complex and worked out through adjudication o Higher level agencies make laws, lower level agencies enforce laws - Look at the way parities shape the rule, the reason that the powerful parties wins is because they shape the rules - Law is mutually constitutive, power with more power use rules to enhance their power o Repeat player, repeated litigation, low stakes of an outcome of any one case, resource to pursue its long run interest 1. Lower start up cost a. Proper documents, know the rules/lawyers 2. Economies of Scale a. Brief writing is already done 3. Greater knowledge of Personal 4. Withstand delay 5. Long-term strategy 6. Structure
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