Sociology 2260A/B Lecture Notes - Lecture 4: Legal Realism, Critical Legal Studies, Proletariat
10 Dec 2015
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***chapter 9 will not be on the exam. Early approaches: legal formalism aka legal positivism or analytical jurisprudence. Outline the fundamentals of law that were above all else logical. Moral consideration should not play a part in law. Law is valid depending on whether it is obeyed. Natural law: legal principles derived from nature that apply to all of human society. Positive law: law written by humans, law is a self contained system of logic, independent of social or moral considerations, doesn"t matter if it"s fair or just, only if it is logical. Utilitarianism: developed during 18th and 19th century, rewards vs. costs cost benefit analysis. Believed that human beings have free will: jeremy bentham (1748-1833) Mechanism that is used to influence the way people act. The historical school: name given to works of 19th & 20th century scholars, law reflects society in which it is found.
