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Cornell Notes, Charter Politics and Charter Critics
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its Cornell notes for the third week of lecture.
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CORNELL NOTESClass: Public Law & Community
SHEET Date: 5/18/2016
QUESTIONS NOTES
Fundamental Racism (Social construction of) exclusion & domination
5 Factors 1.) Superiority 2.) ? 3.) Threat of purity 4.) ? 5.) ?
idea of exclusionary domination can extend to other realms of human activity
i.e – arbitrary notions of under / over development. superior / inferior civi.
Theories on law 1.) Legal positivism 2.) Natural Law 3.) Legal realism 4.) Normative
Jurisprudence (1 – law is like a science, 2 – law is given “by God” or reason,
which can be subjective 3- the practices & procedures in law
>Legal positivism…it’s the Judges error , and not the law
Inalienable rights >Right to “survive” / food / shelter
>Is morality in law driven by objective means
>Natural law and positive law will naturally bring in bias; hence the
Importance of realist analysis in legal study
>Do realists exaggerate their claims? It’s all about a separation of morality
& legalism
>Normative is legal liberalism (constitutionalism) policy / law should be
Bounded by constitutional values. A focus on the outcome or goals of law
Aimed at achieving the best things for the majority (despite the minority)
Hegel said that we as individuals assign the dialect, not the outside
>Normative takes the pessimism of other theoretical outlooks and says that
International institutions can mitigate our conflicts / wars
>Democratic peace theory (neo-colonialism?)
Feminist Juriprudence >The law is a fundamental factor in historical subordination of women
>Law creates unequal class structure, subordination, hegemony, etc.
Mid term exam >Compare and contrast schools of legal thought
Man is born free…. but everywhere is chains…. (relative upbringing)
>how can we truly enjoy freedoms and rights; even without government
And nature, consider the “prison of nature”.
>Government preference to increase power / to not question the authority
In granting freedom / rights. It’s a goal for government to empower the
Masses in an agreeable way
>the limit to rights and freedoms (we don’t have “100%” freedom, often
Rights infringe on the rights of others)
>Liberalism is against collectivism (about giving enough rights/freedoms
To maintain liberalism)
Rights Consciousness Canada >Constitution is a product of this
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