11-7 Notes - 11/7 NOTES SOCIAL CHANGE 1. How did this...

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11/7 NOTES SOCIAL CHANGE 1. How did this society come to be and is it just? Social change is the theme of this and the next few lectures,society is changing all the time, but usually we live in the results of big social changes. 2. He wants us to understand how the law helped create capitalism and second, how legal theory looks at social change compare the big social science approaches to these questions. How did capitalist society come to be? Should be able to answer this, by the end of class I. Capitalism, Polanyi’s examination of “the Great transformation” said the development of the modern state went hand in hand with the development of modern market economies and tat these two changes were inexorably linked in history. A. Law helped make states modern, transforming them from kingdoms or monarchies into republics ordered by the rule of law B. Law, based on this philosophy triggered TWO big changes i. First we complete the transition from small industry into big industrial production, the role law played was facilitating big industry a. the scale becomes larger and the division of labor becomes more important C. Polanyi called the continuing tension and conflict between the efforts to establish, maintain, and spread the market and the efforts to protect people and society from the consequences of the working of the SRM “the double movement” D. Same tensions that characterized social and economic life, still characterize life today. Free trade, unfettered economic activity, or restrict trade, protect society, but invest overseas… contradictions are rooted in self-interest, but the implications of pursuing that self-interest are not clear E. Legal science has been thinking about society for a long time. What are their postions on society, how it changes and whether or not it is just: i. If you are a positivist or a natural law person… a. Brtish philosophers David Ricardo saw that markets were natural and inevitable, because that is what we have observed… bottom line: there will be winners and losers b. Polanyi saw markets as natural but not omnipotent. Thought law should play a role in ensuring that the market
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This note was uploaded on 04/27/2008 for the course LEGAL ST 641 taught by Professor Morales during the Fall '06 term at Wisconsin.

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11-7 Notes - 11/7 NOTES SOCIAL CHANGE 1. How did this...

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