SOSC 2350 Lecture Notes - Lecture 6: Legal Realism, Perspectivism, Empiricism
20 Mar 2016
School
Department
Course
Professor
Document Summary
A neutral & impartial arbiter of the facts. Expert in legal analysis: legal rules & principles: for some this means, the application of law, not the interpretation of law. Canadian society is becoming increasingly diverse: judges function within this broader social, economic, cultural & political context. - judges need to be aware and demonstrate their knowledge of the states, we aren"t saying that they are fair in all of their actions, but they are aware of issues. Historically shaped by and structured upon specific theories of choice, rationality (assumption that individuals submit to a limit of reasonableness) (i. e. the reasonable man" standard this isn"t intended to be universal), freedom, rights, etc. Seen as fundamental to law: but they are just theories and ideas supported by and through other semi-autonomous social fields, like politics, economics and religion, justice cory: legal decision making is more of an art than a science.
