Law and Justice Class 1

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

Law and Justice Class 2

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 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

Law and Justice Class 3

Administrative Any questions about where we are or what we are doing? Discussion of quizzes

Review Bright Line Rules Balancing Tests How do we get people to use legal mechanisms to resolve disputes and to enforce contracts The e-bay exercise – inducing people to use a new market mechanism

Today I.Individual justice and social justice II.Justice and Public Goods III. Union Shop IV.Other examples of public good issues

I. Individual Justice and Social Justice What is the difference between them? Are they always in conflict? Example when they are in conflict? Example when they are not in conflict?

I. Individual Justice and Social Justice Majority rule versus individual rights Zoning

II. Justice and Public Goods What are public goods? Examples? How do we pay for public goods? Why?

III. Union Shop What is a union shop? What is the rationale in favor of the union shop? What is the argument against the union shop? The public good argument for the union shop?

IV. Other Examples of Public Good Issues Minimum driving age? Drunk driving laws? Mandatory immunization? Gun Control?

Next Time The study of law