Legal Midterm - Legal Midterm Experiencing the Law Legality Thoughts\/actions Not all is law everywhere Law Everyday life Part of legality Employed by

Legal Midterm - Legal Midterm Experiencing the Law Legality...

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Legal Midterm Experiencing the Law Legality Thoughts/actions Not all is law everywhere Law Everyday life Part of legality Employed by institutions Legal Frames 1. Before the Law Distant Symbolism/justice Not accessible Supernatural Authoritive /predictable (judges depend on past cases) 2. With the Law View law as game Manipulate (hiring a lawyer) Game of skill Empowering to those who are well resourced Disempowering to those who don’t have access 3. Against the Law Fearful Don’t use to achieve goals Can oppress Unequal power Empowering (petitions) Disempowering (few resources) Sibley and Ewick Law is sacred Law in dominant in society Lives because of legal frames If there was only one frame society would be uniform Racial Discrimination Whites tend to believe that there’s less discrimination Those of color believe there’s more Natural 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 law Sources Religious texts Human nature Divine revelation Consideration of nature Key Assumptions Stable/unchanging throughout societies Accessible to all through use of reason Law 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 not Cultivated common good Made by lawmaker with not too much power Affects all people fairly Criticisms Skepticism about universal moral principle Morals can be cultural “is” vs “ought” John Locke all men have right to life, liberty, and property gov. must protect these rights people can overthrow if otherwise Jefferson Declaration of Independence Creator (religious) Overthrow unjust gov Martin Luther King Letter from Birmingham Jail Reaction to white clergy men (legal positivists), believe protestors should obey the law Civil disobedience- breaking an unjust law is showing respect for law, morally obligated

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