Law 2101 Lecture Notes - Lecture 3: Henry De Bracton, Legal Realism, Constitutionalism
21 Sep 2016
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The idea of the power of government ought to be limited by law o. Limited: federalism and the charter of rights and freedoms. The law isn"t one thing nor is it a higher order that tells people what to do. What is law: understood as a framework or blueprint, allows us the recognize and identify the way we can interact o o. Promises: refers to contracts (i promise to give you this in exchange for something) 4th p, mostly overlooked: populations (the health of the people is the highest law) o. Inform how we view the law and what fits in. Natural law: we have objective moral principles that we can discover by natural reason. Legal realism: what the court/society say (if courts aren"t enforcing the law, does it really count?) Legal positivism: what the ruler says (whatever who is in charge says) o.
