CRJU301 Lecture Notes - Lecture 3: Legal Realism, Franz Kafka
22 Dec 2016
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Judges fill gaps looking at the consequences, interpreting laws based on their ideologies. A link between the law in the black box and the influences around it (society) How do individuals and groups mobilize the law to achieve political ends. How are racial/gender classes affected by the law. How do lawyers transform disputes, represent different interests, etc. What are the major differences between classical legal theory and legal realism. Vocab: autonomy, indeterminacy, rules choices, gap filling. Gardeners do not have a choice but to obey the law. Priest law is rooted in tradition, law can be interpreted. Judge law is the law, concrete and interpreted with one meaning, governs our lives. Law-abiding scholars law is neither right nor wrong, it is merely a law that is contingent on society. Door keepers gets more difficult the further you go through the doors: these door keepers could be lawyers, judges, higher courts, you need lawyers who understand how to get you.
