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Chapter 1

SOCL 4471 Chapter 1 And 2 (got 93% on the test)

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SOCL 4471
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Two Faces of LawLaw as a normative system system based on values law embodies certain basic values moralsreflect our sense of morality ethical standards and principles of justiceexpect legal outcomes to be moral ethical and justlaw should exemplify core moral valueslaw is a set of standards for human behavior that reflects societys deepest valuesdurkheim law is a direct expression of collective morality only valid evidence of peoples valuesNatural law approach assume the existence of certain fundamental and moral principles that establish absolute standards of justicetied together with normative systemlaw is deemed valid to the extent to which it measure up to a higher standard idealexample is in the Constitution certain inalienable rightsLaw as a game a deadly serious adversarial game played by its own rules set of procedures for settling disagreements doesnt matter who winsalso called legal positivism or formalismlegality is not equal to morality ethics or justicevalidity of law lies in its source not its content normative faceEx US ConstitutionWe the PeopleOliver Wendell Holmes There is a difference between law on the books and law in actionlaw should strive for logical integrity and procedural regularityLaw as a behavioral ScienceFocuses on those who act in a legal settingactors lawyers offenders jury witnesses judges victims plaintiff defendant etcStatus your position in society daughter student father etcprescribed set of obligations and Role expectation as how we should act in our status rights attached to a certain social positionroles arranged in hierarchies governed by rulesLaw as an institutionInstitutions are constraining and at the same time sources of power
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