LAW 121G Lecture Notes - Lecture 18: Stereotype, Critical Legal Studies, Whakapapa
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For each concept you should be able to answer. Key theorists are aristotle, st thomas aquinas and john finnis. Key theorists- john austin and hans kelson- fundamental norm that justifies the norms - kelson is narrow minded doesn"t matter is the person is guilty or not but should be dealt the same. Example: hart/ fuller debate positivism and natural law. Set of values not rules m ori people subscribe to. Key characteristics- community focus e. g. no judges, police, it"s a whole philosophy. English law is individual while tikanga is collective. Relationship between english and tikanga: morality, universal principles that reply to everyone. Behavioulistic: looks that metal process social aspects etc. extra legal influences challenges judicial impartiality. Offers no solution to the problem it defines. Does not look at law in practice (realism) Strict equity e. g. voting, rights, access to education. Radical either way our measuring women against men (more critique)
