SOSC 2350 Study Guide - Final Guide: Jeremy Bentham, Dollar Sign, Legal Realism
5 Mar 2014
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Abstraction: this is the belief that law should operate at a high level of abstraction that excludes consideration of the social context. This means that judges shouldn"t consider social norms and ideologies when exercising specific laws. This way, the legal system would be considered fair because it won"t be attached to or have allegiance with a particular culture or set of norms. By remaining abstracted it doesn"t take form of any cultural or social beliefs and doesn"t draw any of their content. This is also fair because it speaks to human interaction but not of the specific human content. Therefore, under abstraction everyone would have the right to education, freedom of consciousness and rights that are general and not specifically detailed with cultural context. Abstraction offers laws as beings that are a universal, faceless, nameless, and genderless subject. Due to its lack of qualities it is fair for everyone.
