law test

Class 2 - What is Law

Hoebel:

• Legal Anthropologist (1950’s).  

• There is no real definition of law and trying to find one would be like the Quest for “Holy Grail” = merely impossible.

Homes:

• Really important Judge in the Supreme court (legal realism)

• Before we understand law we need to know what the courts will say about it = law is what the courts decide.

Cardozo:  

• Law is a rule of conduct that can be predicted to be enforced by the court. 

• Law must be established, certain and enforceable especially if authority is challenged. 

• Rule becomes so certain that we can predict it’s going to be enforced by courts. 

Black: 

• Law is part of social values and daily life

• Law is not just about rules, it's about “normative life” (values of the state; e.g: beliefs and norms of society). 

It includes three processes:

1. Legislation: Making laws

2. Litigation: Resolving disputes in courts

3. Adjudication: Applying laws (use existing laws to decide cases)  and interpreting laws (courts clarify unclear laws, deciding what they mean in certain situations).

Weber: 

• Law exists when there is an external guarantee that rules will be enforced. 

• This type of enforcement happens through coercion in order to ensure people follow the law or face punishment if they don’t.  

•  A specific group of people (e.g: police, judges) have authority and power to enforce the law. 

• This applies to modern societies where laws are formed by a staff of people (officials). 

• Law provides certainty because it is backed by an organized form of government.     

Working definition of Law:

• Sanctions (strong action taken to make ppl obey like parking fines) to enforce

• Authorized personnel to enforce them and distinguish law from customs and inventions. 

• Law as a formal system   

Customs: Traditional practices (something done for a long time). These customs are usually considered legally binding meaning they were widely accepted practices for a long time. 

Law of defamation:

• If you are untruthful (lie) about someone else and it causes harm you can be sued

Example: Johnny Depp vs Amber Case where Amber said Depp abused her when he didn’t and won the case.

What does Law do and Why do we need law? 

My Answer: Define and guide relationships between people to achieve specific purposes. Achieve justice in doing all these things, bring order etc…

Functions of Law in Society (Hoebel’s Law Job)

 Define Relationships: 

• Law establishes what is considered good and bad behaviour.

• Shaping how we behave and how others behave towards us. 

Allocation of Authority to Coerce: 

• Tell or establish a certain group of people be given power to enforce laws/force and punish people not complying. 

Dispute/Settlement:

• Law provides the framework for solving disputes both formal or informal.

• Helps us settle everyday disputes

• Provides a legal resolution but not always a satisfactory resolution  

Social Change/Redefine Relationships: 

•  The way we behave has changed

• Move and Transition within how society is evolving

• Example: We all know killing someone is wrong but what about MAID?

Exerting Social Control/Defining Relationships:

• Law is used in order to define the boundaries of our relationships and to set expectations or how we are treated. 

• Defining what we can and can’t do 

• Predict the consequences for our actions and for others, creating a sense of certainty about how people should behave. 

• While we can’t say everyone will follow the rules, understanding the consequences helps create a good barrier.  

• Laws help protect vulnerable individuals ensuring safety and well-being

• Example of all this is what if a prof hit a TA? The consequences are well known such as losing his job, assault charges, can sue etc…