SOSC 2652 Lecture Notes - Mandatory Sentencing, Bloody Code, Legal Formalism
25 Oct 2012
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Document Summary
Historical origins of official version of law and conceptions of "justice": Personal interests reflected law (wealth = money, not land) Wanted a new set of law - consistent, based on free will/ choice: need law that is predictable, rational and knowable, needed protection from people in power. Rule of law: no one is above the law; everyone is equal. Equality - their own liberty - their personal gain. Rights and freedoms of individuals: these ideas led to revolutions: Rule of law: no one above the law - everyone is equal. Equality - their own liberty, their personal gain. Economic/ political change - people displaced from their economic place. Commons: peasants can hunt in this area, make up for capitalism. Enclosure laws: lands are closed off - deemed private. Commons are closed - can no longer hunt; lost resources. Usually the men who benefit are the ones who made the laws. Repression - simply based on terror, symbolic work.
