Law, Culture and Community

Week 1-2

Law, Culture and Community Welcome to my world

and part of your World for the next 16 weeks.LAW 210: Law, Culture and CommunityProf. Anne Herbert482 Computer Commonsanne.herbert@asu.edu

considering Law touches (just about) everythingHow do you want to live? Peacefully? Minimal hassle from your neighbors?Independently? Cooperatively (more or less)? Owner of a little/a lot of property? Captain of your own ship? Author of your own life?

If you answered yes to any of these questions, then LAW matters to you, and you belong in a community where you have a say in what your legal rights are and how they are protected.

What is Law? What is Legal Theory?

What is our natural condition? A place to start the Animal Kingdom

3What this class will focus onThe American experience with lawThe relationship between law, politics and cultureThe power of law to create The power of law to harmThe power of law to healThe power of law to inspireA puzzle for this courseWith the US Civil Rights movement, why did the Black community turn repeatedly to law to help them overcome the social injustices they endured for generations in the segregated South?

Why does law at times inspire hope for the politically disenfranchised in the US?

Whats the relationship between law, politics, and community here? What well be doingThinking about different types of lawNatural LawPositive LawAnd, a little Property Law for good measure

Thinking about liberty, equality, justice and fairnessWhat if we have different ideas about what counts as free, equal, just or fair? Can we agree to disagree and still have these ideas at the core of our political community? Or not?

Thinking about what it means to base a political community on the Rule of Law

What you need to do (to do well here)DO THE READING ON TIME

ATTEND CLASS REGULARLY

COMPLETE YOUR ASSIGNMENTS ON TIME!!!!!

PAY ATTENTION DONT SURF, CHAT, OR ETC. DURING LECTURE

KEEP AN EYE ON BLACKBOARDapplying Law touches (just about) everythingHow do you want to live? Peacefully? Minimal hassle from your neighbors?Independently? Cooperatively (more or less)? Owner of a little/a lot of property? Captain of your own ship? Author of your own life?

If you answered yes to any of these questions, then LAW matters to you, and you belong in a community where you have a say in what your legal rights are and how they are protected.

What is Law? What is Legal Theory?

What is our natural condition? A place to start the Animal Kingdom

8 Rules for the Learning Community: Laptop Use?The Learning CommunityStudents enrolled in Law 210: Law, Culture and CommunityProfessor and Graduate Student Assistants for the courseWhat is this LCs purpose/goals?Students to learn material contained in the course syllabus;Students to intellectually engage w/ Prof & each other in class;Students to develop analytical reasoning skills How are the LCs purpose and goals to be achieved?Students attend classProfessor provides: lectures, powerpoints, studyguides, examsIn class discussions and activitiesRules to facilitate LCs goals in the classroom?Student participation should be requiredRespectful behavior toward speakers Prof or other studentsAre there sanctions for rule breakers? If so, what should they be?

What is Law? What is Legal Theory?What is law?Forceful social rules that order human affairs rules that identify in a community actions that are prohibited, permitted, or required. Cotterrell definition of institutionalized doctrine

What makes social rules forceful ? Carrots or SticksExternal force of law -- John Austins command theory of law Internal force of law -- Rational actor model of law facilitating cooperationWhat is Legal Theory? Four aspects Legal DoctrineSources of LawExplanatory Analysis carrots or sticks better for law?Normative Analysis

Whats our natural condition?Youre not the boss of me!! SPACE !!!Youre behaving like ANIMALS!

Now meet Virgil and Vulcan Rethinking your roommate choice?

The reason of law across culturesProviding ORDERFacilitating COOPERATIONEnsuring FAIRNESSRules governing social behavior Provide PREDICTABILITY in daily lifeProvide IDENTITY and STATUS and STABILITYProvide for third party DISPUTE RESOLUTION Differing goals in dispute resolution techniquesPunishment of individual/Deter othersRepairing communal ties, including with wrongdoer.