SOCI 429 Lecture Notes - Lecture 1: Social Forces, Typical Male, Karl Llewellyn
22 Jan 2021
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Or why exceptions should be made in particular circumstances. But for positivists, they are only interested in what the law explicitly states. And if the law states we impose the death penalty in cases of murder, then there is no debate to be had. The law is clear guilty of murder = death penalty: another example: let"s sat the law explicitly says that anyone who is found guilty of theft under will be punished with 30 days in jail. Positivists would not care that the person found guilty stole a loaf of bread to feed his family when he could not afford to buy food. The law clearly states 30 days in jail, and there are to be no moral judgements placed on why the person might have stolen the food. Marxism: marx provided explanations for the relationship between law, economics, and social forces, big picture theory.
