Administrative Give quiz Case Presentation – will tell you topics next week
Review Any questions about the reading Constitution Exercise Which changes might be supported by social science evidence? What sorts of evidence? Which changes are not supported by evidence? Does it ever make sense to make changes not supported by evidence?
Today I.How do we define justice in law and legal procedures? II.Procedural justice III.Substantive justice IV.Relationship between procedural justice and substantive justice
I. How do we define justice in law and legal procedures? What are the alternative meanings of the term? Is justice the same as equity? Is justice an appropriate goal for the legal system?
I. How do we define justice in law and legal procedures? Is justice an attainable goal? How shall we know when it has been achieved?
II. Procedural Justice What is it? Provide an example? How does the U.S. legal system try to provide procedural justice?
III. Substantive Justice What is it? Provide an example? How does the U.S. legal system try to provide substantive justice?
IV. Relationship Between Procedural Justice and Substantive Justice Does one always imply the other? Provide an example of procedural justice with substantive injustice Provide an example of substantive justice with procedural injustice What do these examples tell us?
Next Time Well discuss the article on Legal Reform
Administrative Remember class notes available on home page Return quiz at the end of class
Review How do we define justice in law and legal proceedings?
Today I.Terminology II.Hay, Schleifer and Vishny III.Exercise
I. Terminology Bright Line Rule Usually contrasted with Balancing test Arguments favoring each Bright line rules easier to enforce and produce consistent and predictable results Balancing tests take better account of complexities of human interactions
II. Hay, Shleifer and Vishny What is their principal question? Do they think it is more important to have honest independent courts or good laws? Why? Which is easier to get first? What kinds of rules do they recommend?
III. The Exercise We have developed a new business mechanism in which anyone with internet access and an e-mail account can buy or sell items. Weve decided to call it e-bay. People seem reluctant to use it Why are they reluctant? How is this different from other shopping, in a store, or a catalog?
III. The Exercise Form Groups Develop systems to overcome obstacles to people using our new e- bay system What are the rules? How will they be enforced?
Next Time Continue our discussion of law and justice