CRI215H1 Lecture Notes - Lecture 4: Jaywalking, Legal Positivism, Cadwallader Colden
23 Jan 2018
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Cls: not possible to separate law from society, emphasis on politics struggle, power, injustice, law is radically undetermined unpredictable, uncertain, contradictory, society isnt" unitary (who is society, anyway?, society doesn"t evolve, although it does change. Critique of cls: cls places too much emphasis on law and legal ideas, and not enough on society and people"s lived experiences. Sally engle merry: law is not just state law in a unitary way, law is complicated where multiple value systems compete and act upon each other. It is generally defined as a situation in which two or more legal systems coexist in the same social field (870) Classic vs. new legal pluralism: classic: used to describe indigenous-colonial/settler legal orders in colonial or post- colonial societies. Trouble with terminology: state law: lawyers law, official law, bourgeois legality, also: imposed law, formal law, law-in-the-books, nonstate law: customary law, folk law, indigenous law, also: informal law, nonlegal ordering, norms, law-in-action.
