CRIM 332 Lecture Notes - Lecture 3: Irene Parlby, Louise Mckinney, Nellie Mcclung
4 Apr 2016
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Classical legal theory (coninued) and contemporary legal theory. Where law came from, where it originates, what purpose it serves. Comfortable difereniaing these (what are 3 diferent tenets or factors of these theoreical approaches and compare v contrast. Legal system preserves status quo and maintains inequiies. Marxist orientaion understands law as mechanism of state, means of maintaining status quo. Understands law as integral in maintaining that social structure. Law in capitalist socieies claims to protect and promote equality: everyone is said to be subject to the law, everyone is treated equally under the law. Class is important, but not only variable we need to consider. Collecivist perspecive: he didn"t agree people were moivated by maximizaion of self interest or self pleasure, rather he came from collecivist perspecive, it was collecivity of society that would explain how society funcioned. Self-interest social instability: pursuit of self interest would lead to social instability. Morality, religion, and law: saw laws being based in morality.
