politics, law and lab

politics, law and lab - following. .... how do we have this...

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lab notes role promise of the courts 1 orderly dispute resulution a. civil cases 2 political failures a. institutional racisim 3 market failures a. anti trust cases do we want courts to be dynamic or restrained? when we are trying to resolve disputes we expect the courts to follow the law - this is dispute resolution when courts correct political failures and market failures they are creating policy- thus the courts become a political actor this is the tension between dynamic and restrained the unstable logic of the triad - people since the beggining of time have had disputes when there is just two resolution is impossible, courts exist as a arbiter in these unresolvible situation. the problem with this relationship is that it it may produce a two v one feeling thus we create the
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Unformatted text preview: following. .... how do we have this relationship function 1. we write laws 2. we create ceremony 3. non dicatoumous ruleings 4. we consent to the use of the courts when we use them (the rules of negotiation) SELF HELP examples: 1. we see someone dispense crime and then we apply justice 2. store owners with rifels during LA riots why do we do this a. faster b. efficient c. fewer variables d. no compramiseing e. engenders mutual accomodation ( an eye for an eye - you could potientaly agree with the return of the "favor") problems with self help a. no procedural checks to ensure correct service b. could end up on the wrong side of the law...
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This note was uploaded on 11/29/2010 for the course POSC 130g taught by Professor Below during the Fall '06 term at USC.

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