Author & Argument Flashcards
Max Weber
law as an institutional “framework” - modern law predictable through calculability & science
Macaulay
courts the “last resort” for contract enforcement
Vago & Nelson
the actual role of courts - establish norms, ratification, increase costs, reveal common societal issues, mediate/encourage settlement, promote narrow decisions, and END CASES
Frank
fight vs. truth theory. Argues that economic factors (like access to money) will inevitably determine the outcome of any case. Courts not interested in truth, only facilitate legal fights. AKA we are SELLING JUSTICE.
Brooks
adversarial system and why it’s good - party autonomy and party prosecution
Roach
alternatives to adversarial - more active role for judges, innocence procedures (“plead innocence”), fact appeals, and innocence commissions
McThenia & Shaffer
against prof. Fiss’ legal liberalism critique of ADR, says that ADR restores community relationships and LAW DOES NOT EQUAL JUSTICE - resolution gives way to justice (“statements of hope”)
Professor Fiss
liberal critique of ADR - says if we want better outcomes in the court we need to invest in the courts, not ADR. ADR will only create a “second-class justice” and people will only go because they HAVE to (lack of money, time) not bc they want to
Nader
conflict critique of ADR - ADR takes away a HUGE advantage of courts, which is their publicness & openness. This pushes conflict into the private sphere which means a loss of potential to fix such issues at a societal level, and mobilization of people to maintain the status quo. Suggests the real source is society’s intolerance of conflict, pushing homogeneity and drawing attention away from core conflicts
Sargent
TWO THEMES - inadequate promise of ADR and false promise of ADR
Daly
core elements & 6 limits of restorative justice
Moore
Canada & drug treatment courts, society’s shift from justice to therapeutic judgement, treating offenders as if they are patients, and a new hybridity of legal & medical knowledge
Sanders
3 ways law is different from science, and alternatives
Chief Justice McLachlin
Middle-class Canadians are increasingly “frozen out” of the judicial system, we need specialized courts to deal with addiction and mental illness
Galanter
Argues the basic structure of the legal system BOTH CREATES AND LIMITS the possibility of “redistributive change”
Gathercole
increasing access of legal services to the poor and socially marginalized is a KEY STEP to social equality - we must increase funding, community organization, and incorporate new methods of dispute resolution (like ADR)
Hunt
Ideological domination - the state legitimizes / delegitimizes certain behaviours through our ACTIVE CONSENT and convinces us that some forms of action are more socially acceptable than others
Gramsci
Hegemony - spontaneous consent given by the great mass of the population to the general direction of social life imposed by the ruling class
Durkheim
crime is a necessary, “normal” part of everyday life, can be a major source of social change, and is the “price we pay” for the possibility of progress
Patricia Clarke
victims rights framed in opposition to offender’s rights. If we’re serious about victims, we must * FUND AND ADVERTISE UNIVERSAL COMPENSATION SCHEMES (like ohip) FOR VICTIMS OF CRIME*
Green
Discredits the idea of a few “bad apples” in the legal system, argues that causes are fundamentally systemic and require systemic solutions. Focuses on CROWN CULTURE and how there is a focus on winning / finding the truth in an adversarial courts, leading to tunnel vision & wrongful conviction
