LAWS 1000 Study Guide - Protestantism, Sex And The Law, Jury Nullification
Document Summary
By settling disputes via an authoritative allocation of legal rights and obligations, the law provides an alternative to other methods of dispute resolution. But may not solve broad issues like job discrimination on a large scale, only fix one incident. Brings planned social change by a gov"t, prominent feature in modern welfare states we enter the legal process as soon as we start thinking legalistically . Justice is done by the courts, not through parties. Settlement occurs when a case intended to be adjudicated is diverted out of court through an agreement reached by the parties. Fiss questions the legitimacy of settlement as potentially undermining justice, 4 arguments. Distributional inequalities, parties may be unequal in wealth, power & expertise. Poorer party disadvantaged in mobilizing and may have to settle due to $ Judicial enforcement, judges unaware of full reasons behind the settlement. Can"t do anything after the issue of settlement since settlement is made out of interests.
