CRIM 332 Lecture Notes - Lecture 3: Emily Murphy, Irene Parlby, Color Blindness
8 Dec 2017
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Classical legal theory (continued) and contemporary legal theory. Outline: durkheim, feminist legal theories, critical legal theory, critical race theory. Emile durkheim (1858-1917) (cid:858)fou(cid:374)di(cid:374)g father(cid:859: collectivist perspective, self-interest-social instability, morality, religion and law, law as reflection of moral beliefs, evolutionary logic. Each new generation is reared by its predecessor; the later must therefore improve in order to improve its successor. Central concepts: from repressive to restitutive law. Gauge level of integration: collective consciousness. We are witnessing an enormous shift of collective consciousness throughout the world. We are at the precipice of great transformation within our culture and government: mechanical solidarity (pre-modern, similar consciousness, organic solidarity (modern, extensive and highly differentiated division of labour. Criticisms: overestimated restitutive in pre-industrial, underestimated repressive in industrial, got the direction wrong. Summary: natural law- linked to morality, higher power, legal positivism-separation from morality, human-made, law is law, legal realism- day to day activities of cjs workers, marx-means of production, class inequities, durkheim-collective conscious, morality, solidarity.
