SOSC 1350 Lecture Notes - Lecture 2: Positive Law, Social Theory, Individual And Group Rights
Document Summary
Lecture 2 theorizing canadian law: the liberal official version of the law. Empirical (raw data, facts, figures, stats) vs. conceptual (ideas, theories, concepts) = explanatory power. Social theory: a set of answers to question we ask about our lives and social world we live in. Critical skill = ability to identify key concepts/ideas critical thinking recognizing that key concepts + assumptions may be complex and multiple searching for important information in knowledge. Theories: powerful way of organizing highly specific data. Totality of legal apparatus includes: police + criminalization + lawyers/judges + judiciary. Classic debate natural law theorist vs. posivist. Natural law: law given to us by nature law does not change stable principles inherent in nature ex: human rights murder = going against nature. Positive law: laws made by humans made through legal precedent and codification (process of collecting and restating the law of jurisdiction in certain areas, usually by subject, forming a legal code.