CRIM 338 Lecture Notes - Lecture 8: Sexual Penetration, Fiqh, Feminist Epistemology
3 Mar 2019
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Crim 338 - lecture 8 - critical legal theory. To recap: legal realism can roughly be characterized by following claims* Class of available legal materials insufficient to logically entail unique legal outcome in most cases worth litigating at appellate level (local indeterminacy thesis) In such cases, judges make new law in deciding legal disputes through exercise of lawmaking discretion (discretion thesis) Judicial decisions in determinate cases are influenced by judge"s political & moral convictions, not by legal considerations. Appeals to rules are mere rationalizations of the decisions of judges made on extra-legal grounds. The discipline of law consists simply in predicting what judges will do. Law is a branch of sociology: studying patterns of behavior. Justice is what the judge ate for breakfast . Legal realism as a rejection of legal formalism. Definition - legal formalism, also known as conceptualism, treats law like a math or science.
