LawSo 1 Notes

LawSo 1 Notes - NUMBER 11 (ELEVEN) 6/26/07 Dialectic: When...

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NUMBER 11 (ELEVEN) 6/26/07 Dialectic: When two things come together to make something else. Can't define one without the other. Example: Is there such a thing as a child w/o a parent? Or a parent w/o a child? No. Law and Society - There can't be a society without rules (laws), and laws are useless without a society for them to govern or be applied to. Qualitative Research: Regarding the qualities of the subjects being studied. Quantitative Research: Statistical questions. How many say X and how many say Y. Empirical. Mirror Thesis: Law is a mirror of society. Maintains social order by resolving disputes. Society also influences the law. Law reflects society and vice versa. --------- 6/28/07 Jurisprudence - Case (common) law; system of preserving law over time. Positive Law - law that is enforced by established institutions. Natural Law -> Legal Positivism -> Codification -> Constitutionalism -> Interpretation Legal Positivism - Wanting to know exactly what is the law (written, definite, etc.) Codification - systematics; statutes. Constitutionalism - A form of Codification. Final word on everything having to do with U.S. law. Interpretation - After everything else, the law can still be interpreted differently by different people. Example: Don't Stop Field Work - Going out into the field (to the source) to conduct your research. Participant Observation - Where the researching participates in the customs of the people he studies in order to gain the maximum amount of information. Intensive Interview - Ethnography (way of looking at a specific group)
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Legal Realism (spirit of the law) vs. Formalism (letter of the law) Data -Method of Collection -Method of Analysis Research starts with you. Why are you researching it? Why does it matter to you? 7/3/07 1) Religion and Law 2) God in Government Civil Religion – a way of understanding our society, not as a secular thing, but as a type of religion itself. Theology of Satisfaction - Theocracy – Where a society is led by religion. Reasons for punishment: - Discipline (teaching a lesson) - Setting an example (deterrent value) - Retribution - Detainment – incapacitation 7/5/07 I. Law and Culture II. Case Law
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III. Peyote Road Baseline – Starting point. Facially Neutral – applies to everyone; if it is targeted towards a certain group (i.e. harsh penalty for Peyote, when only Native Americans use it), then it is no longer neutral. Disparate Impact – Not an equal impact; i.e. the penalty example for Facially Neutral definition. Manifest Destiny – God made it so the Christians’ destiny will be manifested (revealed) to them. Sacrament – sacred; not doing drugs, but doing something that is of your religion/faith. Genocide – systematic and planned extermination of an entire national, ethnic, or religious group. 1.
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LawSo 1 Notes - NUMBER 11 (ELEVEN) 6/26/07 Dialectic: When...

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