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Law Reading p3-6, 8-11.pdf

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Carleton University
LAWS 1000
Betina Kuzmarov

September 20 2010Law Casebook Reading pages 36denes concepts of law in very specic way primitive and developed imposing his own biased perspectivesLaw performs functions essential to all societiesset what activities are allowednot allowed so to maintain minimal integration 1between activities of individualsgroupstaming naked force and directing it to the maintenance of order23dispose of trouble cases as they ariseredene relations bw individualsgroups as life changes maintain adaptability4most important contribution is that the law specically denes relationsset expectancies of mantoman grouptogroup so that each knows limitations of its 1demandrights its duties its privilegerights and powers its immunities and liabilitiescalled barebones job according to Karl LlewellynLaw is the ordering of the fundamentals of living togetherFunctions of Law1no specic starting pointtheorists believed people said Lets have an organization who is who what are we going to do how are we going to do itrecognized as the foundation of social orderLaw distinguished from customs because it allows certain selected individuals with 2the privilegeright of applying the force of physical coercionPrimitive LawIn primitive law tendency to give authoritydecision making to the party who was wronged done because it is more convenient having the injured party assume responsibility for legal action and because they were charged with a heavier emotional effect Advantage giving the wronged the ability to choose consequence lowers the chance of the wrong party to try and seek revenge in an illegal attemptdirectly exercised by community on own behalftakes form of lynch law where clear procedures have not been set up in advancelynch law is the rst step toward the emergence of criminal law in a situation where the legal power has not been allocated to specic personslynch law is a tool used by the hand of outraged public
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