LAWS 1000 Study Guide - Final Guide: Canadian Judicial Council, Beverley Mclachlin, Judicial Activism
Document Summary
Like criminal law it"s all about order. Trubek (on weber): law = order = capitalism. Uncertainty is seriously prejudicial to the smooth functioning of the o modern economy this is why we rely on the law to smooth things out . Hobbesian problem of order (market destroys normative order) It"s just business (law must step in to order) Formality of justice/law serves as a block not only to authoritarian gov"ts but to those interested in substantive justice (law as tool for social change) Abused kids - no remedy available: damages awarded preserve or amplify unequal dist. of wealth (if only return to status quo) Someone had to show fault = someone"s fault that this o. Mnookin: nearly impossible for marriage to be dissolved even if both parties were in agreement - adversarial adjudication o. Marriage felt to be morally sacred and economically critical.
