Week one , Sun Beale, Auerhahn, Bacchi Flashcards
Discourse, Frame, WPR, Moral Panic, Symbolic Law, Law as conflicting rationalities
What was Sun Beales overall arguement?
That criminal law was being influenced by various external factors like economic, political etc , not focused on pragamtic policy
What does the concept of “Conflicting rationalities” refer to?
Every single law is influenced by Legal , Economic, Scientific and Political factors that are often conflicting with each other. Sometimes they can align
What was Auerhahns key arguement?
symbolic law making - refers to the symbolic uses of law. Highlights that the law goes beyond creating rights, laws and obligations. It is also about “law that it’s sponsors enact for the sake of enacting the law”- about sending a message to society !
Criminalisation in Auerhahns view?
Means that law is used symbolically, the law presents society a message through the use of criminalisation. E.g same sex marriage is criminalised = marriage means a man marrying a women
