LAWS 1000 : Its all about Order!.docx
1 May 2012
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Document Summary
Solutions to give voice" to victims (will be on exam!!) Clarke durkheim, victims are martyrs to society because crime is a necessary (healthy?) feature of society. Discretion (is it a few bad apples or a bad basket?) Over-representation in jail why? (myths and solutions) Sentencing and judicial discretion new yorker article. # plea bargaining (3 kinds) shadow justice system ( in the shadow of the law ) Crown culture (adversarial) and wrongful conviction (green) Uncertainty is seriously prejudicial to the smooth functioning of the modern economy. Coercion is necessary in market system hobbesian problem of order (the market destroys normative order) The formality of justice/the law serves as a block not only to authoritarian governments but to those interested in substantive justice (law is used as a tool for change) Actionable wrongs against a person, property or reputation of another person. Assault + battery, murder, slander, etc. In the case of tort, there is no promise.
