SOC 705 Chapter Notes - Chapter 4: Precedent, Plain Meaning Rule, Mischief Rule
17 May 2016
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Functionalistic model: concerned mainly with how laws emerge and what purpose they serve: lawmaking is the restatement of some customs so that they can be enforced by legal institutions, implies a consensual model of lawmaking in a society. Moral entrepreneur theory: attributes the precipitation of key events to the presence of an enterprising individual or group: work towards a moral enterprise. Legislation: describes the deliberate creation of legal precepts by a body of government that gives articulate expression to such legal precepts in a formalized legal document. The verbal expression of a legal rule or principle by a judge does not have the same degree of finality as the authoritative formulation of a legal proposition by a legislative body. Judge-made law stems from decisions on actual controversies; it waits for disputes to be brought before the court for decision, rather than providing rules in advance.
