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Legal MidtermExperiencing the LawLegalityThoughts/actionsNot all is laweverywhereLawEveryday lifePart of legality Employed by institutionsLegal Frames1.Before the LawDistantSymbolism/justiceNot accessibleSupernaturalAuthoritive /predictable (judges depend on past cases)2.With the LawView law as gameManipulate (hiring a lawyer)Game of skill Empowering to those who are well resourced Disempowering to those who don’t have access3.Against the LawFearfulDon’t use to achieve goalsCan oppressUnequal powerEmpowering (petitions)Disempowering (few resources)Sibley and EwickLaw is sacredLaw in dominant in societyLives because of legal framesIf there was only one frame society would be uniformRacial Discrimination Whites tend to believe that there’s less discrimination Those of color believe there’s moreNatural Law Natural Law Theory Law is a set of rules derived from goodness (god/morality)
Standards in which a rule must be consulted before rule is deemed a lawSourcesReligious textsHuman natureDivine revelationConsideration of natureKey AssumptionsStable/unchanging throughout societiesAccessible to all through use of reasonLaw is central to society and natural law is foundation Thomas Aquinas Set precedents for what a “just” law is Look at substance of law- whether moral or notCultivated common goodMade by lawmaker with not too much powerAffects all people fairly Criticisms Skepticism about universal moral principleMorals can be cultural“is” vs “ought”John Lockeall men have right to life, liberty, and propertygov. must protect these rightspeople can overthrow if otherwiseJefferson Declaration of Independence Creator (religious)Overthrow unjust govMartin Luther KingLetter from Birmingham JailReaction to white clergy men (legal positivists), believe protestors should obey the lawCivil disobedience- breaking an unjust law is showing respect for law, morally obligated