CRI215H1 Lecture Notes - Lecture 4: Colonial India, Legal Realism, Predicable
28 Nov 2017
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Document Summary
Critique of cls places too much emphasis on law and legal issues and not enough on society and people"s lived experiences. Issues with merry"s framing: semi-autonomy; how informal law existed, difference between colonial/post colonial and western states, may overlap, conflict between traditional hawaiian law and british law, no bounded geography of pluralismn (i. e. between first and third world countries) Trouble with terminology the books: state law lawyer"s law, official law, bourgeois legality. Imposed law, formal law, law in the books. Educational systems are differnet, etc: lot of differnet jurisdictions, indigenous would have different relationship to others, state law, being plural, has the qualities of differnet state-sanctioned legal orders, in an ordered manner. Unpacking merry"s conclusion: out of formal law, but if we get out of formal law, we cannot examined all relationships. Two strategies for answering: law as a text, law as an episode of conflict between normative orders.
