Friedrichs Chapter One
Friedrichs Chapter One CJ 483 - 320
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CJ 483 - 320
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This 2 page Class Notes was uploaded by Dorian Robin on Monday February 9, 2015. The Class Notes belongs to CJ 483 - 320 at a university taught by Nina Smith in Fall. Since its upload, it has received 213 views.
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Date Created: 02/09/15
2215 Images of Law Each has a certain set of beliefs with regard to laws effect how individuals react amp view those laws beief that law in modern society should be 39rational this means law is logical understandable fair predictable and sound Sociolega reationship between law amp society law is autonomous law must be understood on its own terms independent of context law is homologous law amp society corresponds in origin and structure and cannot be understood independently of each other law is interactive law amp society has some unique and independent differences but they also have a continuous change of interactions with related in uences and results Conventional View aw ful lls the essential function of society maintains order makes it possible law provides for the orderly nonviolent resolution of con ictsdisputes Positives Law provides fundamental constraint on the exercise of power by the political leadership and is a primary dividing force against tyranny Law provides framework for identifying human rights and protecting those 2415 Critiques of Law Legal Reaism Valued consensus amp antagonism can be resolved in a neutral just manner Status quo is norm Wars riots delayed by powerful groups accessing state power Provides stability but this is then in con ict All judges drawing upon same precedent but making diff conclusions 4 ideas 1 Law protects powerful economic interest 2 Outcome determined by judge s morality mood personality positive mindset law is rational and so much be a judge this is in con ict 3 Judge s should be motivated by public mood 4 Lawyer can predict ruling and thus use this to their advantage Criticalega theorists argue law is not neutral aw is politics amp can be manipulated aw indeterminate aw only changes w society for changereform but differing proposals Myths no sides ega system treats all the same universa agreementacceptance of what law should be
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