Sociology 3260A/B Lecture Notes - Lecture 3: Moral Authority, Social Change, Conflict Theories
7 May 2020
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We are going to look at the role of society in the legal system . Lecture 3 notes: legalistic approaches to law, introducing law and society. Still a level of interpretation: assumes you can read a law and solely apply it with no bias (bias) Judge makes decision based on what"s already there (legal structure/precedent: real law is what judges say it is; past decision build future law, space for them to decide how to apply law. Judges rationalize with tools they have around them. Judges make law rather than find it, process allows for value and politics to be integrated in legal system: ex. brock turner case judge more concerned with his future than the consequences on the woman. Judicial decision making is not a neural process. Judges do not make decisions on their own, there is a structure they fit into. *notes on kitty"s chapter 1 in slide show insert here*
