CRJU301 Lecture Notes - Lecture 1: Homo Sacer, Due Process, Giorgio Agamben

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Law is autonomous (law is outside of society) Internalist (only looking at rules in the books) Ways to think about how the law operates. Associated with oliver wendell holmes, roscoe pound, louis brandeis, etc. Believed that law should not be static. Completely rejected the idea that all judges just apply rules. Believed that judges make up their own rules and interpret them differently. Judges can pick and choose which rules they want. With the law, (instrumental) against the law (resistance) Law is derived from general principles of justice. Testator is the person who wrote a will. We trust police to use discretion in defending the law especially within grey areas of things such as gambling. Life that is not bare - its meaning is derived from political recognition and representation in the polis. People who did not or could not be engaged in political life. Women, children, mentally ill, and elderly men.

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