CRIM 135 Study Guide - Personal Property, Positive Law
22 Feb 2013
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Laws are rules that are made through a formal process - a formal process for establishing/enforcing these laws. Legislature make most of the laws: courts enforce them, values: the foundation for laws. Values: general beliefs about right and wrong. Parents, people we admire (celebrities, community leader, teacher, media), religion, philosophical base (thought of who we are, why the world is like this, etc) No such thing as a value-free law, neutral law. Not all law reflect majority, even if government was elected by the people. Eg (39% democratic, 60% don t agree but divided up in other parties: some reflect majority eg murder, some may only reflect values of small group of people eg marijuana prohibition. We aspire to have laws that reflect the values of the people (as broadly as possible). Some law reflect the values of the current politicians.
