LS101 Lecture Notes - Garnishment
16 Sep 2013
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Basic principles: unifying set of values, satisfaction from conforming, everyone agrees, law serves all equally, criminal is improperly socialized. Critique: difficult to define values where all agree, doesn"t fully explain social order, all do not agree on purpose of legal system (violent vs. non-violent) Basic principles: diverse social groups, don"t agree on right/wrong, will be conflict, agreement on dispute resolution, legal system is value-free, best interest of society peaceful resolution. Critique: argues in best interest to conform, doesn"t fully explain social order. Interests are not freely chosen society imposes goals and interests. Basic principles: diverse groups compete for scarce resources, no agreement on what is right/wrong, conflict is over political power, law is for those in power, those in power try to keep power. Critique: does not explain crimes like rape, robbery, murder, does not consider free will, coercion is not the only reason for social order, unstable society over time.
