LEGAL 250 Lecture Notes - Lecture 12: Fort Trumbull, Social Forces, Tax Law
24 Oct 2017
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Document Summary
Weber: law is state-centric, as a coercive order of the state not norms, customs, ethics. A traditional (weberian) notion of law: law is relatively separated/insulated from society which are social (and social forces like status and wealth) by institutions and practices of government which moderate those forces. Law is dependent variable of government (including courts) insulated from the raw power of status/wealth. But, social forces like status/wealth operate through, and upon, politics and government therefore law does reflect social forces (i. e. law can"t be separated from society) Question: what"s the correlation between law"s function/product and social forces? (i. e. does status and wealth (or social power) matter to law"s function/outcome?) Paradox of law"s relationship to social forces. Some data of correlation between law and social forces like status/wealth: standing - Examples in globalization, tax policy, admin. agency capture, law enforcement class action, lobbying/pr, repeat players playing for rules.
