LS300 Lecture Notes - Lecture 2: Indian Reorganization Act, Roscoe Pound, Legal Realism
18 Sep 2017
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Document Summary
Harvard law prof was accredited for legal realism. 1960s: belief in using the law, especially civil rights for social justice. Began to see that law isn"t just a set of rules, we can use it for social justice and political purposes. Access to justice= solution to inequality= social change. Why the law is not a solution for social injustice: explanations: conspiracy theories: the legal system is controlled by the powerful. Law is made to help the powerful in society, the most powerful are the ones who create our laws. Idea that the powerful are controlling the law, idea that the legal system works for the people in power. The more money you have, the better the legal defense. Radical feminism: women will never get ahead: formal equality: treating everyone the same exacerbates inequalities. Rules need to be applied to everybody. Equality formal equality vs. equity substantive equality. Lady justice is blindfolded- idea that justice is blind.
