Sociology 2260A/B Lecture Notes - Lecture 10: Human Reproduction, Human Cloning, Moral Panic
Document Summary
These perspectives are the most prominent in law and society literature. Not able to account for creation of all laws: limitations to each perspective, may need to combine a few theories to explain why a law is created. Legislation is the most obvious legal task of legislative bodies: in canada, the ultimate source and maker of laws is the legislative body (their main job is to make laws) Legislatures anticipate controversy in the law: incident occurs, create law to fix it (reactive, but can also enact a law in advance to prevent a future problem. Legislatures have more freedom than the courts: freedom to make changes. Scope of issues: judges deal with particular case, legislature deals with the general problem areas. Sometimes they deal with particular, but the law that they eventually pass is designed for general application: example: canadian government passed anti-terrorist act, reason was because of 9/11.