SOC109 Lecture 15

• SOC109 Lecture 13 F24.pdf

• Majority of law work happens before the trial.

• World problems -> Word Problems

• Legitimacy and procedural justice is here.

• (SOC109 Lecture 13 F24, p.3)

  • legal system is structured by roles and rules

• Law is for losers

  • Law favours weaker parties.
  • Levels the playing field. Brings power imbalances away.

• Disputes

• Courts

• Dispute to Claim

• Common law systems

• Juries

• Judge

• What happens when a dispute goes on in court.

(SOC109 Lecture 13 F24, p.10)
• Not all parties in a dispute are created equal
• Access to legal representation
• If peers can be biased, juries can, too!
• One-shotters versus repeat players

(SOC109 Lecture 13 F24, p.12)

• Stabilizing roles: Both parties don't walk in at the same time!
  • The initiating party is called the plaintiff and the other party the defendant
• Translating substance:
  • A claim is not just 'I want my stuff'; it must be against another party ("…and I can't have it because of something wrong the defendant did")
  • And you can't just give any reason: A claim must cite an existing law or right
  • You must also bring evidence in support of your claim
• You're no longer doing the arguing: You need an advocate
  • The adversarial system of law means that each side has a legal obligation to present evidence and argument for the party whose interests they represent
• The time for compromise has passed: Courts are about winners and losers
  • The backstop threat of the legal system encourages a mediated compromise called a settlement
  • But settlements frequently favour the already advantaged, such as repeat players