POSC 130g 1st Edition Lecture 2Current LectureRelationship between Law and JusticeImplications of the Dudley Stephens caseThe punishment was for murder, there was no law against cannibalism (England, United States); prosecution had to be for murderWhat if Parker had died and then they ate him, would it be the same idea/ more difficult to proceed? Why didn’t the men just wait until Parker died? They were thirsty and hungry. It wasn’t obvious at the beginning that they would be prosecuted (Stephens or Dudley), but once there was a decision made, the case took on a momentum of its own and no way to remove the case from the legal systemPublic opinion shifted when the high court ruled against the two men, legal system has some sort of authority and legitimacy on a particular outcomeValue of life: implicit in the court’s reasoning, murder is murder, value of life is supreme, court was worried about granting an exception, couldn’t condone the taking of life when lost at seaWould the lottery affect the analysis of fairness? Would it lead to a just outcome? Is it people’s consent? Are there no limits to what people could consent to? How much should free will be recognized? An argument for this was the men were beyond the reach of the law, the jurisdiction of the court, when people are in the extreme circumstances, the ordinary standards of responsibility should not apply.Should the law reflect public conception of justice or whether lawyers had the right to insist to aspire to standards that are difficult to keep or should legal systems have standards that people cannot look up to? Case in Germany where a man named Armin Meiwes posted in a chat room that he wanted to meet someone to eat themVideotaped the 41 year old victim agreeing to die and be eaten. Prosecuted for manslaughter. The man agreed to be eaten and killed therefore the defense argued that the man gave him consentShould society establish rules that the legal system protects them? Should people be allowed to make whatever arrangements they want on the internet?Mercy KillingsHe was 88 and his wife was 86. He thought she was suffering and had certain challenges such asshe couldn’t eat or walk. The family claimed it was a mercy killing. Should someone be prosecuted for premeditated murder? Should the legal system take into consideration the circumstances and the suffering of the victim? Legal systems often times have to look at particular circumstances and tailor the consequences to the circumstances? These husbands that are trying to protect their wives- tough cases. If one goes by the law of the books, it would be murder. Yet, juries may give less punishment if looking at the circumstances. What is the reasoning of punishment?Retribution: someone deserves to be punished as much as he/she deservesDeterrence: punish so they won’t do it again, putting them out of society so society cannot be harmed; General Deterrence: deter others from doing the sameRehabilitation: make the person able to regain societySome believe that deterrence and rehabilitation are derived from retributionCan only deter crimes in a just society if we punish the people that deserve punishment; if the only person was deterrence, then it wouldn’t matter who was punished. A person, in order to be rehabilitated, he/she must accept that he/she must be punished. Civil Law case: parties suing each other, court would order money to be paid and could order an injunction- a order not to do somethingusually when people enter into contracts, courts are not supposed to interfere with the negotiations. If there is no fraud or coercion, courts are not supposed to intervene. One exception: Doctrine of UnconsciousabilityCourt challenge contracts Case of Walker Thomas v. WilliamsWhen to the United States courts of Appeal from the District of ColombiaDecision made by Judge Shelly RightWhere the element of Unconsciousability was present, at the time the contract was made, the contract should not be enforced. It includes the absence of meaningful choice on the part of one of the parties together with terms that are unreasonably unavailable to one of the parties. Can only say there was unreasonable choice when examining everything. A meaningful choice may be negated by a gross inequality bargaining power.Summary: Furniture company to recover on certain contracts; Williams had bought a number ofitems and was paying on installments. When she made a payment, the amount was divided up amongst all the items she purchased. The furniture company, Walker Thomas, continued to own everything until all the payments were made. If the payments were failed to be made, the company could repossess an item. There was a balance kept on everything until all the accounts were paid off. Williams bought a $300 stereo and failed to pay for it. Williams said some of the contracts were Unconsciousabilityand therefore should not be enforced. The company was aware of this and that she had seven children and a small salary. The court did not condemn the company’s conduct but the judge decided not to enforce the contract. There was no prior case to enforce the judge’s decision. The judge did not enforce the contract. There was an inequality between the furniture companyand the women. Were the important parts written in a small print and hard to see? Does it take in the education level of the women? Was this an unreasonable contract with little knowledge of the terms? Was the lady ever given all the terms? The terms of the agreement should be abandoned and the court should consider the terms of the contract should be withheld. The judge evokes the contract of Unconsciousability. The judge sees deceptive sales practices. Terms: Did she have any way of knowing by doing comparative shopping? Were they justified? Does the government have any role in protecting mistakes of the people? Should judges at a last resort be able to evoke the contract? The rules are the way they are but when should the courtsinterfere? Basic Definitions of LawIn the American legal system there are four major sources of lawThe US Constitution and State ConstitutionStatutes: Laws that Congress enacts in various statementsAdministrative Agency: part of the Executive Branch, i.e. Environmental Protection Agency, establish laws through decree and regulations. Judiciary: produces law through the interpretation of laws, statues, and administrations. Customary law or Common law: courts identifying legal principles, may or