conceptions of law - kent

conceptions of law - kent - Law & the Political Process...

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Conceptualizations of the Law 0. This course will explore the role of law as a political instrument. 0. What is law? 1. What is politics? Law 1 a (1) : a binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority (2) : the whole body of such customs, practices, or rules (3) : common law b (1) : the control brought about by the existence or enforcement of such law (2) : the action of laws considered as a means of redressing wrongs; also : litigation (3) : the agency of or an agent of established law c : a rule or order that it is advisable or obligatory to observe d : something compatible with or enforceable by established law e : control authority Law 2 a often capitalized : the revelation of the will of God set forth in the Old Testament b capitalized : the first part of the Jewish scriptures : pentateuch torah — see bible table 3 : a rule of construction or procedure <the laws of poetry> 4 : the whole body of laws relating to one subject 5 a : the legal profession b : law as a department of knowledge : jurisprudence c : legal knowledge 6 a : a statement of an order or relation of phenomena that so far as is known is invariable under the given conditions b : a general relation proved or assumed to hold between mathematical or logical expressions — at law : under or within the provisions of the law <enforceable at law > Politics 1 a : the art or science of government b : the art or science concerned with guiding or influencing governmental policy c : the art or science concerned with winning and holding control over a government 2 : political actions, practices, or policies 3 a : political affairs or business; especially : competition between competing interest groups or individuals for power and leadership (as in a government) b : political life especially as a principal activity or profession c : political activities characterized by artful and often dishonest practices 4 : the political opinions or sympathies of a person 5 a : the total complex of relations between people living in society b : relations or conduct in a particular area of experience especially as seen or dealt with from a political point of view <office politics > <ethnic politics > 1. Throughout this course we will discuss what law is and how it is used politically to 2. Shape societal goals & ideals; 3. Mobilize societal resources to achieve those goals and ideals; and 4. Distribute rights, duties, costs benefits, rewards and punishments among members of society Legal Systems 0. Civil (Roman) Law 0. Law based on Code –set of interlocking regulations that attempt set the rules for all disputes among human begins
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1. Judges must apply the rules to specific cases 1. Common Law 2. Law based on Cases – laws created and/or refined by judicial determinations 3. Judges make rules from of specific cases 4. Follows precedent, stare decisis World Distribution of Major Legal Traditions –
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This note was uploaded on 02/03/2009 for the course PLSC 382I taught by Professor Kent,shanise during the Spring '08 term at Binghamton University.

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conceptions of law - kent - Law & the Political Process...

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