PPAS 4070 Lecture Notes - Lecture 1: Social Contract, Social Order, Social Reproduction

88 views3 pages

Document Summary

Comes from a tradition of liberal legalism. Judges in courts have weak discretion (from strong discretion) - an exercise in discretion in hard cases where cases are not leadable to unproblematic. In hard cases, judge can exercise weak discretion which pretends to hard cases, which have no precedents and no rules and no known principles. Illustrates that law is about the facts of the case and what courts look for the rules and principles to apply to the facts. Law is only what legal institutions have decided in the past. Questions of law can always be answered by looking at the books where the codes are kept. He doesn"t believe that binary of law and justice is stable over time, he permits the possibility that norms can change within society and that law can change to keep up with the enormity changes.

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents

Related Questions