Sociology 3260A/B Chapter Notes - Chapter 4 : September 11 Attacks, Plain Meaning Rule, Mischief Rule
Document Summary
Legislators consider general problem areas with whole classes of related situations. Legislative lawmaking represents a response to some kind of problem: ex. Within a year of the september 11 attacks, government in now fewer than 50 nations enacted or proposed laws: anti-terrorism act (bill c-36 canada) Information gathering: collecting data, alternative schemes for problem, the likely political impact of scheme, and feasibility of compromises, formulation, devising and advocating a specific legislative remedy for the problem. Interests-aggregation: obtaining support, mobilization, the exertion of pressures on behalf of a measure by one who is able to take effective and relatively direct action, modification, the marginal alteration of a proposal. Judicial formulation of rules is based frequently on the principle that judges should build on the precedents established by past decisions =stare decisis. In common-law countries, judges base their decision on case law, a body of opinion developed by judges over time in the course of deciding particular cases.