POL-UA 300 Lecture Notes - Lecture 23: Fourteenth Amendment To The United States Constitution, De Jure, Statutory Law
29 Nov 2017
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Legalism relies on a belief that courts and judges are all powerful and a broad political mobilization is not necessarily vital to a reform movement, but rather doctrinal documents are. Statutory law (going to legislature and seeking legislative reforms as was beginning situation in kentucky battle and in new jersey any politicking they could do to shore up their argument) By and large were making a constitutional argument (myth of rights) Legalism as a political ideology is a political right. Realis(cid:373) is differe(cid:374)t i(cid:374) that it does(cid:374)"t see la(cid:449) as auto(cid:374)o(cid:373)ous fro(cid:373) so(cid:272)ial relatio(cid:374)s outside of so(cid:373)e neutral indicators or set of values that maintain the political. Culturalism adds a concern with the contents of legal arguments and their potential capacity to frame their compatibility with arguments. Legalism views rights as and law as outside or autonomous from power structures. Builds on and modifies the realist one. Culturalism sees legal doctrine as indeterminate as malleable.
