LAWS 1000 Lecture Notes - Lecture 1: Private Law, Public Law
19 Apr 2016
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Document Summary
Regulates the political system by modulating relations of power. What is power: influencing others, limiting what others can do, having value, power to make exceptions (to rules/laws) Homogenous society, proximity of interest, kinship ties . Modern industrial societies, kinship and customs are replaced by: more mobile social positions associated with salary work, common interests, challenged by pluralism (the good life, cultures, religious beliefs) As a result, the prospect for conflicts increase. The need for more complex system of formal and universal rules (criminality, trade) To provide: predictability, continuity, settling disputes. Law is connected to culture (specific ideas, aspirations, values and given context of a society) ): keep our distance from culture for more justice. The evolving relationship between culture and its need for rules: legal culture (pg 2) The use of ideas in law to regulate behaviours: equality (or elitism, freedom (or collectivism, resource distributions (formal equality or pyramidal distribution)
