LAWS 1000 Lecture Notes - Lecture 2: Sexual Assault, Critical Legal Studies, Bourgeoisie
6 Oct 2015
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Lex iniusta non est lex appeals to justice . Universal law that pre-exists humanity god-given law (human nature) determined through human reason (aquinas modernity) Content" more important than form" (fuller internal morality ) Advantages: law must have some moral content, provides criteria outside law to challenge law. Relatively less stable and predictable (knowable) (than pos law) Law cannot be based on absolutes rather must provide a framework for disputes (must be adjustable) Instrument of compromise between interests within fractured, plural, nation states. Shift from what is moral to what works . However, elements of natural law still alive and well. Goal of law is to promote predictability, calculability and stability of social relations (law as. Laws are historically and socially contingent (montesquieu and maine) not eternal, they are made and enforced by (hu)man(s) Not interested in the morality of a law (law does not equal morality) Law as a machine or formula / form" > than content".
