LY101 Study Guide - Final Guide: Precedent, Meritocracy, Natural And Legal Rights
Document Summary
Social order theory: empiricism, state and law are neutral, functionalist view of state. Ideology of liberalism: law for stability and order, system (legal and judicial) developed to be used to address issues (aboriginal land issues etc. , abstract legal subject, meritocracy, positivism, pluralism. Critical theory (aka conflict theory: unequal society, underneath the facts, questions rule of law, marxism, foucault, feminism, anti-racism, anti-colonialism, anatole france. State agencies and ministries, beyond elected government. Abstract legal subject generalize to a high level (ignore concrete differences i. e. , race, gender, class) to achieve equality. Natural law idea that social order is set in nature and by god. Natural right inherent rights as humans; life, liberty, property (locke) Stare decisis to stand by decided matters; to follow precedent. Rule of law law treats everyone as equals. Carding random police stops; asks questions, asks for id: poor people more likely to be stopped, black men more likely to be stopped. Incarceration higher rates of black men, aboriginals.
