CRM/LAW C103 Lecture Notes - Lecture 3: Social Contract, Miranda Warning
4 Oct 2016
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Normative versus empirical: normative: what law should do, empirical: what law does do. Jurisprudence: the study of general theoretical questions about the nature of laws and legal systems, about the relationship of law to justice and morality and about the social nature of law . Lloyd"s guide to jurisprudence, p. 3: tend to be more normative in nature, (ex) speluncean judges in the fictitious case are citing previous decisions and other arguments thinking, studying. Law is only legitimate if it supports and facilitates the coexistence of people in a society: normative claim. Do a survey, a study, ask for experiences extract views on what makes law legitimate: a sociolegal study, aka empirical. Universal: making a claim about the nature of laws & legitimacy. Pov: people within the legal system (justices analyze the law and come up with a conclusion about what kind of outcome would be legal) Behavior: what you do, what you think, how you view things.
