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Lecture

Law Organization Lecture Notes.docx

5 Pages
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Department
Social Science
Course Code
SOSC 2350
Professor
Sadia Mariam Malik

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September 17, 2013 Law Organization These notes only contain the points she made that aren’t on the slide  so be sure not to study off this alone! Parliamentary stage  Introduced by MP, justification given  Second reading – is it significant enough to change and have a new policy  Report stage – process is clarified and revised  Third reading - vote comes down – those in favor of notion vs. those against  If bill originated in the house and passed through third reading – sent to senate;  What is royal ascent? Bill becomes an act but not in effect (it is not law at that moment after votes are tallied) Perspective on law making  Why do we have law – some propose that we do not need written law or centralized government – is it more internalized? Rationalist  Inherent right and wrong  Says that law is absolute true and just because a rationalistic creature has created them  Rationally protecting society from harm  Criminal law – certain taboo that something is inherently wrong  When things are simple like this, they can be too reductive in a complex situation  We want law to be inherently just, however situations are too complex  May result in unrealistic solutions  If a power structure is creating the law – are they imposing their own beliefs?  Are the decisions made highly invested in upholding certain values or are the laws they pass inherently rational Functionalist  No judgment in this model; we follow the law because it is the law  Re-institutionalized custom – it has always been this way, therefore we continue to do it this way  Society has functioned based on previous models  Functionalist may understand that law can be biased and unfair – but we recognize that things will inevitably be this way in society  Laws are passed because they represent the voice of the people o Ideally a representation of cross section of society, but typically not representative of minorities o Rather, a representation of the power structures within a society  Laws are constructed to mimic how society functions  Still have leeway to address injustices – justice and law making are parallel Conflict perspective  Laws constructed by those in position of power – used as a mechanism of control  Reflects values of classes, creates restrictions to ensure that those at a certain situation (i.e. financial) will remain there and not impede on the success of others  Maintains an equal social economic condition  Vagrancy laws – people should be allowed to travel for work vs. laws that punish people (fines) for travelling for work Moral Entrepreneur theory  Raises concern if law is actually moral or ideological  Ideology - belief system becomes the lens in which you see the world  Ideologies imposed by religious institutions  I.e. liberalism – concerned with social welfare-, conservatives  Capitalist views vs. socialist views  Law is assumed to be concerned with justice, truth – moral entrepreneur theory stamps laws with ideologies whilst also being assumed to reflect the social norms and values of citizens  Law would not be accepted if it was not fair, did not reflect citizens views  Are ideologies disguised?  Anti-miscegenation laws – preventing mixed marriages – law tries to give this law respectability, but from a contemporary standpoint is dangerous and does not deserve to be a law Legislative Response  Powerful lobbying groups with lots of money have more access to power and likelihood of passing a bill  Mass protests raise concerns that politicians cannot ignore Law making  Legislation law is a respo
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