LS 101- Midterm Exam Guide - Comprehensive Notes for the exam ( 22 pages long!)
5 Oct 2017
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Document Summary
All traditions are customs, but not all custom are traditions . Max weber: weber described three aspects to law: (1) pressure to comply is external acts or threats. (2) International law doesn"t have a hierarchy so it has a horizontal relationship. What does the law do? (1) social control. Criminal law -keeping the peace - protection of minorities - stability (2) dispute resolution. Dysfunctions of law: law is not an absolute good, it can cause problems, corruption within the legal system, too long, lack of legal aid, law can be oppressive in societies ( jim crow laws) Where does law come from: two ways to answer: (1) where does the subject matter come from? (2) instrumentalist/technical. People who have power in society make out laws; potentially problematic. Who gets to choose what is harmful in: functionalistic model. Minorites might not benefit from this consensual model tyranny of the majority : conflict perspective.
