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 justiceIII. Substantive justiceIV. 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

We’ll 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 e-mail account can buy or sell items. We’ve 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