LAWS 1000 Final: Law Final Review sheet
16 Apr 2016
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Document Summary
Pragmatic: - law is revealed by court-rendered decisions, also the role of judges. A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged - cardozo. The prophecies of what the courts will do in fact, and nothing more pretentious, are what i mean by the law (judges make the law on the basis of past experience)- Customs: elders, figures of authority, proximity of interests. Modern societies; mobile social positions associated with salary, work, common interests challenged by pluralism (the good life), cultures and religions and beliefs. Prospect for conflicts increase, so the need for more robust and complex system of formal and universal rules (for criminality and trade) to provide/ predictability, continuity and settling disputes. Legal culture: law is connected to culture; specific ideas, aspirations, values and context of a society, the evolving relationship between culture and it"s need for rules.
