CRI215H1 Lecture Notes - Lecture 2: Legal Realism, Legal Formalism, Moral Universalism
28 Nov 2017
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Natural law theory: there is a universal morality which makes the law, divine point of view. Must be moral in order to be a law. Legal positivism: it is the idea that law and morality are distinct it is not nescessary to be moral or not. An unjust law could be a law as long as it passes by the right authorty and procedures. Legal formalism: the idea that law is a science it can be both descriptive and prescriptive. Law and policy making not the same things, they should ignore the world around them and make laws. She was a young lawyer, she tehn got a phd in anthropology. Safety regulations, how many hours they are allowed to work. The relationship between contractor and worker in terms of payment. Having to work extra hours if necessary, uneven working hours. Getting gifts to each other, the union rep might get lots of gifts.
