LAWS 1000 Lecture Notes - Lecture 12: Child Protection, Brian Dickson, Economic Sociology
8 Dec 2015
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2 words: formal legal order vs. substantive legal order. Formal law: is necessary for capitalism to emerge (ex: laws for no one to sleep under the bridge: does not seem fair to everyone, targets the poor. Maximize profit because of greed, makes all of us inhumane. All societies have created masses that are under dictatorship. Economic sociology: how law and capitalism are connected (max. Two functions of law within capitalism: everything: its relative calculability (predictability) (context is, its power to develop substantive provisions (contracts, with. The assumption: a system operated by egoistic wills and the use of coercive instruments in events of nonperformance . Regulating relationship: the personal level binding and coercive usages) Individuals: the case of unjust enrichment and common law. Dickson j. set out three requirements regarding a constructive trust. : an enrichment, a corresponding deprivation; and, the absence of any juristic reason for the enrichment.
