LAWS 1000 Lecture Notes - Lecture 15: Alternative Dispute Resolution, Legal Personality, Manufacturing Consent
Document Summary
Legal positivism: law cannot be understood independent of the state. Separate law from extra-legal concepts, must stand on its own. There"s no connection between law and morality, there are immoral and unjust law. (nazi law is law, s. african apartheid law is law) some believe that law is a system and is coherent, it is rational and organized. Not willing to see the law as a broad common good or shared values. Legal realism: the idea from the 16th century where the legal person is a single power does not make sense. Indeterminacy (more so in cls), meaning law is not predictable and consistent. These are all factors that can change the outcome. Critical legal studies: like an exaggerated version of realism. There is no logic to legal reasoning, and if there is logic, it can be rebutted by other legal reasoning. Total loss of faith in the coherency of law.
