SOCL 4471 Chapter Notes - Chapter 1: Legal Positivism, Patrilineality, Mechanical And Organic Solidarity
Document Summary
System based on values (law embodies certain basic values [morals]) Reflect our sense of morality, ethical standards, and principles of justice. Expect legal outcomes to be moral, ethical, and just. Law is a set of standards for human behavior that reflects society"s deepest values. Durkheim: law is a direct expression of collective morality, only valid evidence of people"s values. Natural law approach: assume the existence of certain fundamental and moral principles that establish absolute standards of justice. Law is deemed valid to the extent to which it measure up to a higher standard (ideal) Example is in the constitution ( certain inalienable rights") A deadly serious adversarial game played by its own rules. Set of procedures for settling disagreements, doesn"t matter who wins. Legality is not equal to morality, ethics, or justice. Validity of law lies in its source, not its content (normative face) Oliver wendell holmes there is a difference between law on the books" and.
