PHLB20H3 Lecture Notes - Lecture 10: Legal Realism, Critical Race Theory, Lon L. Fuller
Document Summary
Legislative: judicial independence, rights and equality, rule of law, democracy, law (is) vs. justice (ought) Law is for the purposes of our analysis. A set of rules enforced by the coercion or the threat of coercion by the state. Justice is a moral set of concept about right and wrong. The two are generally believed to be related but they are not the same thing. Justice law legislation regulation case law administrative tribunal . Reality: law in action vs. law in books -law in action: the essence of law-in-action: social decisions and the indeterminacy of legal influence. Law-on-the-books: teaching about legal doctrine in law school and doctrinal research: rule of law: Do not publicize the rules that have been created: 3. Apply rules to actions that occurred before they were created: 4. Draft the rules in such a way that they cannot be understood: 5. Enact rules that contradict one another: 6.
