Legal Studies 301 : Eric Rise

Quotes of Audrey

"treat me the same and give me the job, but in order for me to do the job well I need to be treated differently." - Men don't have bathroom, why should she?

Comparison with Chinese Law

- Law School students have the loest employment rate -do not need an LSAT, however must go to school (Bachelors degree) - you apply to be a judge, or prosecutors position

Criticalist

- commodity -special privileges are given -lawyer benefit financially by making law hard - the bar exam -fewer lawyers, less competition

Unwritten Constitutions: Weyruach

- govern onself especially in social units - layers in fundamental principles, constitutional character. - - unwritten constitutions are available because of socialized dynamics. - We learn through situational learning. - We create our rules through predisposed theories or hierarchy and how things should be. - Unarticulated rules led to debate and discussion, The rules established were behavioral not aspirational law of nature : basic rudimentary skills just to survive

Functionalist

- services, their profession provides a service to help people - practicing law without a license

Judicial Restraint

1. Judicial Interpretation, how a judge interprets the law 2. Judges ability not to insert personal preferences or judgments in legal cases or rulings 3. Judges are not policy makers 4. Stare Decisis, "let the decision stand". 5. unless unconstitutional.

Does Legal Positivism believe in Morality

1. Not necessarily. There is nothing wrong with being consistent with morality and justice, but it does not have to be obeyed. You obey what you have been told, and believe in the consequences. 2. Agree that Law is plenty to do with justice, for there are universal wrongs...

Dworkin

1. There can space for both principles and rules. 2. 99% of cases should be rationalized by law (positivist theory) 3. However some cases that reach high courts, strict applications may be too much. Generally recognized principles must be followed 4. Hard cases that violate morality must recognize principles

What do Contracts cover?

1. agreements between persons and merchants. 2. consent

What do Torts cover?

1. situations in which people are harmed or injured 2. Negligence, did not act, liability

Natural Law

1. stems from classical political philosophers, and catholic theologians 2. Law and Morality must be related 3. When legal rules conflict with moral principle, law must yield to morality 4. Logic must yield to justice, and justice must yield to logic 5. There are a set of principle that exist beyond government; to what we regard as wright or wrong which superseded human structures

Aspirational vs. Behavioral

Aspirational standards of Law: -what men aspire to be, hope to be -for a better society Behavioral standards of Law: forms of living that are basic for survival

Declue v. Central Illinois

Audrey sued for sexual harrasment Employers failure to alter working conditions that bear more heavily on its females than on its mail 1. Prosecutor: the structure of the facility can be sex discriminatory 2. Judge: sexual harassment involves favors, sexual intentions

Why do we have contract law?

Contract Law, other wise known as, enforceable obligation are put into place to ensure marketplace exchanges. A society which hopes to thrive depends upon services and exchanges between persons. Contract law ensures those services are enforced.

Langdell : 1870

Dean of Harvard revamped the law school - believed in classical legal thought Lecture were gone Socratic Method took place Case method: read actual jdical decision to help reason and think logically, and understand legal principles New Higher standards: Admission 4 yrs. , new faculty shared on new thought

Equality as an indeterminate legal concept: Declue, Vonnegut

Equality vs. Fairness 1. In order to treat people equally, one must treat them differently 2. Is it alright to treat people differently: affirmative actions? 3. The outcomes must be the same, or the foundation must be the same? Bringing all to be equal may infringe upon the success of society.

Legal Positivism

Focuses on law exclusively as human creation Law is product of man Law is what sovereign says that it is; meaning what the ruler or representative says it is. Law is written down,posited

What is Law: Schwartz

Law consists of formal structures when informal structures are weak there needs to be formal law put into place - codes, -regulations -punishment -consequences

How one became lawyer, now vs. then?

New: Required to pass the exam, and have legal education Old: someone said you ready, judges on moral character

Functionalist Perspectives of Professionalism

Paul Carrington: Of Law and the River - Institution and Legal Dynamics are put into place to become a better lawyer. - The incomprehensibility and language gives lawyers the power. -enables you to think differently, by taking the beauty of things leaving only things for critical observations. - however you always have to keep learning - high status in society becuase it provide a service, a valuable function

Critical Perspective of Professionalism

The Paper Chase: Critical - Law school changes your home and world ideologies -socialized into understanding why they have particular obligation, or how to act, and talk. - lawyers purposfully make law school hard -make more money, monoplize on economic interest - help with a commodity

Differences between Tort Law and Contract Law

Tort Law: law that society places the obligation or duties upon us to take care, have cause of duty, or breach. That we do not necessarily accept. Contract Law: obligations we place upon ourselves in exchange for something.

Law in Everyday: Weyrauch

Weyrauch: 1. law sets the rules, then sits in the background. 2. Its existence only occurs when serious situation occur 3. Law is everyone, and has a legal consicousness brother in law, credit

Law as a total institution: Bosignore

completely control and monitor everything you do. - Examples: law school curtails other institution: work play, relationships - Control over time, however most of your time is spent studying - one must change their identity, to think like a lawyer and reason like a lawyer Sadly, without assimilating they will not become lawyers

Prosecution Procedures: Chinese

hold for 24 hrs, and interrogate, after 3 days if they plan on arresting him, one must write a writ from the prosecutor. Then must get approval from higher rank. Then the papers must be stamped and sent back to the Police Department.

What is Law: Malinowksi

law is any social form of control ( rules, rights, and obligations) - can be informal (family, community)

Micro-law

the sets of rules that govern our behavior and every day encounters and breed encounters of ordinary situation

Professional Socialization

think through a legal view once youve been socialized in legal thinking