CRJU301 Lecture Notes - Lecture 1: Sociology Of Law, Legal Realism
22 Dec 2016
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Most legal issues are settled through plea deals, rather than going to trial. Legal studies the law in action, rather than the law in the books. Man running for a train drops a box. Fireworks in the box explode and cause vibrations. These vibrations cause scales to fall on palsgraf, who is then injured. Lirr sues and says they are not liable: to be held liable, the risk of injury must be foreseeable, this doctrine held that the lirr was not liable, tort law. Looked at the victim gave her a human face (middle class mom) Suggested class differences between the two sets of decision makers. Black box law is alone, not influenced by outside factors (economic, social, political, etc. ) Internalist influence of the law; classical legal thought the way people in the us thought about the law from origins until the mid 20th century refers to a particular formulation of viewing law as a science.
