POL 150 Lecture 3: POL 150 Apr. 12
21 May 2016
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Document Summary
Fukuyama: law can be used as an extension of political power (chinese legalism ) or as a counter-weigh to political power (indian rule of law ). In the first system, law reflects the self- interest of whoever holds political power; in the second system, law reflects moral principles that exist independent of political power. Stone-sweet: the logic of triadic dispute resolution (tdr) shows why self-interested political actors would allow an independent body of law to develop capable of balancing their own power. The notion that everything belongs to some category. Courtness refers to the ideal of a third-party arbiter; refers to a certain ideal of how courts are supposed to work: what stone sweet would call tdr. If courts didn"t maintain this illusion there would be no reason to present their case to a court. It is a misleading ideal for people who want to understand how courts work.
