POLS 2140 Lecture Notes - Lecture 1: Critical Legal Studies, David Easton, Legal Realism
Document Summary
The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties . The rule of law: rulers must obey the law, rules are known ahead of time, law is equally applied (regardless of power, wealth, etc. , disputes are adjudicated by an impartial arbiter. Legal positivism sovereign: draws line between law and morality, draws line between law and politics. Realism: critique of legal positivism and natural law theory, law is influenced by politics, socio-economic context, and the attitudes of individual judges. The life of the law has not been logic, but experience - oliver wendell holmes. Sub-category of legal realism emphasizing that law and courts favour socio-economic elites in society. States: uk, canada, us and other former british colonies. Sources of law: judicial decisions, legislation, and constitutions: legal reasoning: finding legal principles from previous examples (using precedent)