LAWS 1000 Lecture Notes - Lecture 1: Duty Counsel, Collaborative Law, Aboriginal Title
Document Summary
Week two september 22, 2016 law in social life. Karl marx: law as a pervasive legitimizing ideology that masks the relationships of exploitation that was integral to capitalism. Rejected the notion that the best possible society can be realized through state-medicated justice . Law breaking doesn"t always lead to apprehension and apprehension doesn"t always lead to consequence. Penal; punitive, law-breaking leads to apprehension & punishment. Compensatory: crime & conflict violate social contract" & leads to debt and restriction to redress the debt. Therapeutic: medical model, crime/conflict is a result of abnormality which requires help or treatment. Conciliatory: crime/conflict us a social conflict between individuals which requires resolution. Not necessarily. (ex; hoebel and the cheyenne nation) Law in homogeneous (more social consequence) and heterogeneous and heterogeneous societies. Weber: focused on question of conformity: formality & rationality in the legal system, rational legal system apply clear rules fairly to equally situated people.
