11-18-08

11-18-08 - LAWSO 1 11/18/08 DOMESTIC VIOLENCE AND RAPE What...

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LAWSO 1 – 11/18/08 DOMESTIC VIOLENCE AND RAPE What are Rights ? Practices that are required, prohibited, or otherwise regulated within the context of relationships governed by law. Rights are legal entitlements. o Positive rights (to something), Negative rights (to be free from something); Political and civil (how state should rule and treat people), Social, Economic and cultural (entitlements to social goods and opportunities). What do Rights do? Purpose : Rights laws regulate relationships to establish and protect legal claims, benefits, protections, and opportunities that constitute a specific right, and to prevent and prohibit harms and deprivations that constitute violations. Role of the State : Legislation : laws are made and changed in state institutions. Enforcement : states have the authority and obligation to enforce laws and punish violators, sometimes termed a monopoly on legitimate violence. State agents enforce the laws (police, judges, prosecutors). State - Society Relations : people’s rights are dependent on the state to promulgate laws and a dedicated commitment by state institutions to enforce them. Legal Ideology and Hegemony : different governments embody and promote different prevailing ideas about what is “right” (deriving from context-specific history, politics, demographics, geography, etc) Rights are Both Markers and Means of Social Change : State-society-law: who is represented by state, what rights are enshrined in
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This note was uploaded on 03/16/2009 for the course LAWSO 1 taught by Professor Spearit during the Fall '07 term at UCSB.

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11-18-08 - LAWSO 1 11/18/08 DOMESTIC VIOLENCE AND RAPE What...

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