Author & Argument

Question 1

Max Weber

Answer 1

law as an institutional “framework” - modern law predictable through calculability & science

Question 2

Macaulay

Answer 2

courts the “last resort” for contract enforcement

Question 3

Vago & Nelson

Answer 3

the actual role of courts - establish norms, ratification, increase costs, reveal common societal issues, mediate/encourage settlement, promote narrow decisions, and END CASES

Question 4

Frank

Answer 4

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.

Question 5

Brooks

Answer 5

adversarial system and why it’s good - party autonomy and party prosecution

Question 6

Roach

Answer 6

alternatives to adversarial - more active role for judges, innocence procedures (“plead innocence”), fact appeals, and innocence commissions

Question 7

McThenia & Shaffer

Answer 7

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”)

Question 8

Professor Fiss

Answer 8

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

Question 9

Nader

Answer 9

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

Question 10

Sargent

Answer 10

TWO THEMES - inadequate promise of ADR and false promise of ADR

Question 11

Daly

Answer 11

core elements & 6 limits of restorative justice

Question 12

Moore

Answer 12

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

Question 13

Sanders

Answer 13

3 ways law is different from science, and alternatives

Question 14

Chief Justice McLachlin

Answer 14

Middle-class Canadians are increasingly “frozen out” of the judicial system, we need specialized courts to deal with addiction and mental illness

Question 15

Galanter

Answer 15

Argues the basic structure of the legal system BOTH CREATES AND LIMITS the possibility of “redistributive change”

Question 16

Gathercole

Answer 16

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)

Question 17

Hunt

Answer 17

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

Question 18

Gramsci

Answer 18

Hegemony - spontaneous consent given by the great mass of the population to the general direction of social life imposed by the ruling class

Question 19

Durkheim

Answer 19

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

Question 20

Patricia Clarke

Answer 20

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*

Question 21

Green

Answer 21

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