ANT100Y1 Lecture Notes - Lecture 6: Perspectivism, Legal Realism, Empiricism
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ANT100Y1 Full Course Notes
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Document Summary
A neutral and impartial arbiter of the facts. Expert in legal analysis: legal rules and principles: for some this means: the application of law, not the interpretation of law. Canadian society is becoming increasingly diverse: judges function within this broader social, economic, cultural and political context. A need for social context education : training that includes a critical reflection of social context issues (gender, race, class, ability, sexual orientation, etc. ) with respect to law and the act of judging. Historically shaped by and structured upon specific theories of choice, rationality (i. e. the reasonable man standard), freedom, rights, etc: seen as fundamental to law. But they are just theories and ideas supported by and through other semi- autonomous social fields, like politics, economics and religion: justice cory: legal decision making is more of an art than a science. Thus theory has always been intrinsic to law: not something in vogue, trendy, or politically correct.
