Role of Harm
October 2, 2012
Week 4, Tuesday
Autonomy and permeability of law:
takes on 2003 decision on the prohibition of weed.
Ill founded and couterproductive
Sociologists state that there's now a relationship between law and science
Luhmannian sociology otherwise states that law is an independant social system.
Chinese people were doing well in B.C and had legal shops for opium remedies for headaches etc.
People went to government in B.C and made it illegal due to racism etc.
Lumen: german theorist
Accused of sins saying how systems operate without engines.
The ways that people create meaning of the world though a series of individual constructs.
The essences of things reside in the use of the difference through which they are given meaning.
Meaning in not context, but observed dependently
Self-referentiality of meaning doesn't prevent speaking about facuality.
Luhmann: We may agree or disagree on factuality and more than one dimension given to facts.
Luhmann state that the overall concept of communication is neither expresiion, information, or
understanding. But a cohesive mixture of all three.
This is the synthesis of the three elements
Systems are organized operations of communication.
Luhmann says the person being talked to makes the judgement and inferall and opinion of what's being
said and that can not be seen.
Deparadoxification directly refers to the paradox of openness through closure.
Luhmann refers to this as “relative autonomy”
Legitimacy vs. Legality
The juridical system is a legal system, and all decisions made from this system are legitimate.
Thoughts on the Supreme Court of Canada:
challenging the offence is HARD, but challenging the penalty is easier.
2003 Decision temporarily put an end to uncertainty around weed.
Three cases heard by supreme court
Defendants proposed that the