Lstlecturenotesfeb15

Summary from previous classes
*The notion of conflicting goods and how the conflicting goods can influence a judges' ruling.
*Externality: The consequence of one thing does not effect the person making the decision but it will cost someone else.

ex. Dumping chemicals in a river will not hurt the people or company at that point in the river but mover farther downstream and it will effect those people.

*Legal Positivist: Law is what society says it is.
*Legal Realist: Law is what the judges enforce (administrators) and then lawyers and citizens try and predict the judges behavior.

Special Thesis- Law is defined by how society acts
Separability Thesis- Law is separate from morality

*Natural Law- Originated in Cicero-Ancient Rome, law is an ideal structure that specifies the good for human society. Law is built into nature and reason.
-Modern Natural law is influeneced by Fuller and Dworkin

*Common Law- Anglo-American approach to law where judges make decisions about the law that we already hold in common. The judges were discovering the "will" of god through the rulings. The king of England granted the judges that power.

  • Liberal-Focused on the individual and is the basis for political action. Much of this came from John Locke in the late 17th century.
  • Democracy- Society is ruled by the will of the people and the question that often comes from this is "How do the people rule"
  • Karl Marx- Argued that liberalism and democracy are just an expression of capitalism. The rich control the production and can tilt the balance of power in the riches direction.
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