CRCJ 3003 Lecture Notes - Lecture 6: Feminist Legal Theory, Harm Principle, Class Conflict
Document Summary
Theory helps to keep us in context, what prupose the material serves and who created the data. When lawyers read legislation and cases, knowledge of theories allows them to understand hwo the law was created and what. Theory will affect how you look at your topic and how your research will be framed. Contemporary legal theories acknowledge that law does not come from god but from human decisions. Serves as philosophical foundation that legitimizes neo liberal capitalism. State law is said to be legitimate governance because it is founded by the public. Assumes most people are free choosing individual that are independent from the community. Designed to maximize freedom that is available to individual. Each person should be able to pursue all ambitions. State should be indifferent in what is good life . Good life should be free to choose for individual. Key functions of law is to facilitate life.