LAWS 2301 Chapter Notes -John Stuart Mill, Indictable Offence, Jeremy Bentham

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O the parliament: the courts, administrative law (ignore, constitutional law. Issues to keep in mind throughout this chapter : input who produces the criminal law and their quali cations. The production of criminal law pages 88 to 119. The processes and the institutions which produce criminal law. If traditional assumptions are that law is representative of society as a whole, and that it is neutral, then the idea of input (who is making the decisions), doesn"t really matter, as they"d be neutral and fair. However, in regards to a more critical or socio-legal stance, then the question takes on an important dimension. Ignore what ought - lawyers are by training and practice process-oriented, concentrating on rules and procedures. Also traditions and processes which consistently look backward to precedent and established practice, and which defend the status quo- lawyers tend to be quite limited and conservative in their vision.

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