LAWS 1000 Study Guide - Midterm Guide: Ottawa Police Service, Homicide, Legal Realism
9 Dec 2016
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Law is necessary bc. we authorize the state to exercise authority over us: used as a mechanism to frame our relationship with the state. Believed the state should have absolute authority over its citizens. State should have authority to create whatever laws it felt were necessary to maintain order. State of nature in society where state doesn"t exist. Theorized there would be a constant state of war between individuals. In order to escape this state of nature, individuals must give up their individual sovereignty to the state + give the state the power to make all the rules. The state, in creating these rules, must follow proper processes. Leviathan = the all powerful ruler/state: john locke. Writing in the 1960s about a different conception of gov"t. Individuals don"t give up all of their personal sovereignty to the state: they give up some of their sovereignty to allow for the need for order but always maintain control over property.
