LEGALST 153 Lecture Notes - Lecture 1: Social Control, Indep
22 Jan 2017
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Courts and (cid:862)courtness(cid:863: prototype of a court. Up or down decision: spectrum of courtness (not quite prototype) Error in looking at prototype: too extreme. Ma(cid:374)y syste(cid:373)s are like (cid:272)ourts (cid:271)ut are(cid:374)"t (cid:272)ourts: consent. Written into most contracts (mandatory arbitration: substitution of courts for consent. You do(cid:374)"t (cid:272)hoose the judge or the rule you are tried u(cid:374)der. Formal written rules: need for polite functions, neutral rules, independent judge. Most disputes do(cid:374)"t go to prototypi(cid:272)al (cid:272)ourts. Negotiated outcomes instead: result: no defining facts, no distinctive path to find facts, private and not public. Not likely to sue if you need to maintain an ongoing relationship: social control. New courts in england created as tool of conqueror. Change in supporters of regime=change in judicial institutions and law. E. g. labor laws before and after new deal: lawmaking. Decisions and + desire for consistency mean new rules. Judges use logic external to law and fill in the blanks.
