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law 1000 full lecture notes.doc

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LAWS 1000
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Lecture 2The case of loaded lover boy lack of mens rea due to intoxicationconsent is the only important issue in sexual assault Donald black describes law as a Quantitative variable whose magnitude varies from one social context to anotherThere is an inverse relationship in law The smaller the law the smaller the population you find You have the greatest advantage to conflict with the homogeneous society but you would not risk that to alienate yourself from them but to get along and agree with each other in a homogenous society the rules are few and straight forward if disobeyed there are informal punishmentsIn large heterogenous societies people disagree on the rules in place in this large complex society rules from outside your individual internal ideas and beliefs are gathered to govern the people This is called law codified formal law inFormalformal social control is characterized by three things1 Rules are unwritten This is because they are known passed on orally or otherwise 2 Clear and intentional use of sanctions for crimessanctions must characterize certainty celerityand severityproportionality3 Designated officials to create interpret and enforce the rules Normally done by someone that is known by both unlike in the heterogeneous society where there can not be bias in this caseFunctions of law1 Social control Keep law and society in sync with each other Change with society when needed eg marijuana marriage form2Dispute resolution3 When it doesnt go with social changeDysfunstions of law1 Inequality eg Aboriginal prison chances are high2 Racism and discriminationeg the black capital punishment rates in america Informalcheyenne Social controlFunctions of law 1 Definition of relationships among members of the society 2 Allocation of authority and the right to exercise coercion as a privilege right The allocation of authority must have 3 factors i Who has the authority for the coercion eg police ii who gets the coercion who we go to eg policecourtprisoncorrections iii effective way to get people to do right and change eg Jail 3 Dispose of trouble cases4 Adapt to change in society by keeping law and society in syncNils Christie and modern lawArgues if the newer way of doing law is better than than the old courts steal conflict away from the partiesLecture 3 The mundane law we do not notice everyday give us predictability in the society eg Traffic laws If they are not there there would be total disruptions in the society You are must likely to conflict to people close to you This is what stops us from behaving irrationally in informal societies cos we depend on our families and close people for a lot of things This is not the same in the formal society No matter the place or society these 4 qualities of law will abide1 Explicit rules of conductBoth in formal or informal societies and how many rules you are expected to know the law 2 Socially privileged person to use force for the lawPolice in the formal case 3 Disposing trouble cases or conflictsIn informal societies the cases are handled by someone who may know youknow the appropriate and effective punishment for you etc In formal societies such s avoided because of bias Knowledge becomes bias when people think persons have use in unfairly The relevant legal standard that applies to cases f that kind will be used in your case not your personal understanding of the case 4 Changing law with societyThe law drags society along to appropriate ways of doing things an vice versa When this does not happen then there is a dysfunction of lawThe law is not very good at respecting everyones decisionsLaw is a product of social relationships if you want to understand a law you must find the cause of the law the larger rippling effectIn societies with the same ideas of right and wrong law is easy and straightforward In complex societies you have to share common core ideas of right and wrongWe have the French civil law tradition and British common law traditionErukwa blood feudcompensation ended thisThe French were not good at imposing their laws in lower Canada The French found it hard on imposing their laws on the mohawk because the mohawk linked the French with the British in Canada They needed the army of the Mohawk In canada ove the last 20 years the methods of formal legal procedure in dispute resolutions have changed to the method of compensation that applied before and
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