Doc Lecture 01.11.2010

Doc Lecture 01.11.2010 - LECTURE JAN 11 2010-Procedural...

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LECTURE, JAN. 11, 2010 -Procedural justice- notion that one has a right to be heard- understand it as right to a fair trial- procedural rights– ex. Miranda – limitation of state power- think of as real justice -procedural justice has to be breeched in order to have a fair trial. (ex. Exodus) -Substantive justice: real justice, one gets what one deserves. What’s legal is not always right, and what’s right is not always legal (MLK) -The trial is not really fair unless it results in a substantively just outcome. - Justice depends on what we consider justice, on what shape a political takes- how wholly they understand and uphold those values - fundamental values, basic political structure of the Law. (Constitutions- the basic political foundation) -Social contract: presumes its citizens, we enter into this contract with each other for the creation of a political system, we come to agreement on fundamental rules on how system functions – fundamental unit of presumption- born as individuals titled to possess some alienable rights (us: understanding the worth of each individual). -it is not self-evident of who is really an individual, and who gets to count as a real human being. This is called ethical likeness. Those who are ethically alike are protected in particular kinds of ways, and those that unlike, don’t end up receiving the same rights by the Constitution. -“Does this individual have a soul?” if they do, we have to treat them a certain way, and if they don’t, then they are more close to beasts. -CLEARLY, there have been marginalized people in the “WE THE PEOPLE” (Indigenous, white women, blacks) They were not seen as ethically alike, human or nonhuman. -John Locke: critical figure in the
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This note was uploaded on 11/16/2010 for the course DOC DOC 2 taught by Professor Lee during the Fall '08 term at UCSD.

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Doc Lecture 01.11.2010 - LECTURE JAN 11 2010-Procedural...

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