notes on book - Chapter 1: Introduction p. 1-62 What Is...

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Chapter 1: Introduction p. 1-62 What Is Law? o Jurisprudence- study of legal philosophy Law as Power o Will of those who hold power o Validity of law does not depend on whether it is good or bad o Power to enforce law- arbitrariness, abuse of power, tyranny, bad law Natural Law o Reflects on built in sense of right and wrong o Used in revolutionaries o Tort system reflects it, civil rights o When no consensus in society about right/wrong, loses effectiveness Abortion, physician assisted suicide, and capital punishment Historical Jurisprudence o Evolved in response to natural law philosophy o Law could not be arbitrarily imposed by legislator o Withstood test of time o Promotes stability o Problem: when has practice become custom? Utilitarian Law o Usefulness of legislation, government responsible for happiness o Maximize pleasure, minimize pain o Incentives and disincentives (deter criminals w/ punishment of others) o Security and equal opportunity (crucial to happiness) o Simplification of legal procedures- make it faster o Problem: no consensus of what is pleasurable and painful Analytical Positivism o Law was a self-sufficient system of legal rules that the sovereign issues in the form of commands to the governed o Can’t oppose law because of personal beliefs o Jurors duty to apply law according to judges instructions o Line drawing for gov and stability Sociological Jurisprudence, Legal Realism, and Legal Sociology o After civil war, laissez-faire… social/economic unrest o Led to progressive movement: expand gov role Sociological Jurisprudence o “mechanical jurisprudence” unjust outcomes for indiv. o Judges need to become more socially aware of impact of their decisions o Promise vs reality of law Legal Realists o o Practice varied from formal legal rules “paper” vs “real” rules o biases, differing abilities, knowledge and prejudice in lawyers, judges and jurors Legal Sociologists o Followed realists o Theory- socioeconomic differences should not affect trail o Individuals should be able to win vs company o “rule of law is a myth”- impartial laws
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Objectives of Law Continuity and Stability o Changed gradually and widely/equally understood/enforced o Healthy economy Adaptability o Laws adapt to changes in society- may make exceptions for individual o No set cook book… sometimes there are gaps Justice, Speed, and Economy o Often in conflict, hard to provide all three o Can’t always mechanically spread the law o Cost cutting options Goss vs lopez- suspension school trials not like trial too expensive Determining Desirable Public Policy o Through law Origin of Law in the United States o British victory over france = treaty of paris, English common law system The Origins of English Common Law o Edward the confessor,writs and sheriffs o William of Normandy feels he was gaurenteed thrown The Norman Invasion o Invades 1066
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This note was uploaded on 09/20/2011 for the course LAW 101 taught by Professor Don'tknow during the Fall '10 term at Lehigh University .

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notes on book - Chapter 1: Introduction p. 1-62 What Is...

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