LAWS 1000 Lecture Notes - Legal Realism, Critical Legal Studies, Legal Education
Document Summary
Above man-made law lex iniusta non est lex - appeal to justice . Universal law that pre-exists humanity - god-given law determined through human reason (aquinas) Provides criteria outside law to challenge law long tradition. Relatively less stable and predictable (than pos law) Appeal to justice appeal to natural law. Makes law have to conform to important rules of justice. Doesn"t provide a stable definition of what law should be. Goal of law is to promote predictability, calculability and stability of social relations (law as a. Laws are historically &socially contingent (montesquieu & maine) Not interested in the morality of a law (law does not = morality) Law as a machine or formula ; you can drop something one end, and pop out the other end and it will stay the same; procedure in place; what comes out at the end is a good law. "form" more important than "content"; legal process is on it"s own.
