LS101 Chapter Notes - Chapter 4: Plain Meaning Rule, Statutory Interpretation, Mischief Rule
10 Sep 2017
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Document Summary
Conflict model: value diversity, unequal access to economic goods, and the resulting structural cleavages of a society are the basic detriments of laws: elite class members use laws as a form of social control, and to their advantage. In a conflict, interests residing with those of the elite would probably win. Legislation: the main legal task of legislative bodies is lawmaking. Introduction of a legislative plan is preceded by a series of pre-lawmaking stages of activity: (1) publicizing (2) information-gathering (3) formulation (4) interested-aggregation (5) Mobilization (6) modification: legislative process doesn"t necessarily proceed in this order. Judicial lawmaking: historically, courts have shown rigidity during the industrial revolution in regard to worker"s compensation, labor relations, and human rights. Charter of rights and freedoms: canadian courts are now tackling questions to controversial issue such as abortion, assisted suicide, language rights, etc. In the u. s. the courts have a large influence in lawmaking.
