LASO 204 Final Q1

• Introduction statement

  A comparison of the pluralist, social contract and social conflict perspectives on law reveals the social conflict point of view as being the most persuasive it captures the inequalities formed by government institutions.
• Pluralist Perspective 1st paragraph

  • The pluralist perspective on law focuses on the intricacy of ongoing conflicts between differing groups, upholding that a sense of equality among their interests is created through the state.
  • Within this framework, the state of nature is envisioned as an unequal arena of values and interests, as the result is influenced by inherent power dynamics and self-interests. Here individuals are driven by their personal agendas and personal guide, rather than collective well-being.
• Pluralist Perspective 2nd paragraph - Harris

  • Law emerges as a neutral coordinator, navigating the complexities of each competing interest with fairness
  • Works to create an equal framework for conflict settlement, ridding of the inequalities present in the state of nature.
  • Result or outcome of each conflict is no longer based on power dynamics or the self-interests, rather the pursuit of the collective good
  • fails to acknowledge the potential inequalities created by law and government institutions
  • the least persuasive among these competing views.
• Pluralist Perspective 3rd paragraph - Why not persuasive

  • conflicts with the realities of government, which often create inequalities and disparities
  • Interest groups with considerable political or economic power, often influence the law-making and implementation process
  • political agenda of the government succumbs to the inherent power dynamics
  • the assumption that the law acts as purely neutral coordinator that allows equal power to each perspective, undermines the presence of inequalities created and furthered by government institutions
• Pluralist Perspective 4th paragraph - example: Treatment of Indigenous peoples in Canada

  • the approval of grand industrial projects, like the Site C Clean energy project illustrated in class, will disregard the indigenous perspective completely
  • the approval was misguided and failed to seek a sufficient understanding of its effects on indigenous culture and land, as it was in the government’s interests to void this perspective
  • the government neglected to give equal power to the indigenous perspective, making in an impartial coordinator
• Social Contract - intro

  • Focuses on the creation of a contractual relationship between the law and its citizens
• social contract - State of Nature

  • In this state, man holds freedom– the absolute power of his own person and possessions– and equality –the equal right to do whatever he desires just as much as any other man.
  • Freedom and equality is uncertain, as others also have this freedom and equality, meaning they can rightly invade his possessions and person.
  • Individuals maintain the right to pursue their self-interests and preservation when imposing judgement on others.
  • There is no pursuit of the collective good rather, it's each individual's interests
• Social Contract - Purpose of law

  • Locke, to transition into a political society that addresses these uncertainties and insecurities
  • It does this by regulating the behaviour of individuals to ensure people's rights aren't infringed
  • Moreover, it controls the judgement of what constitutes as a rights violations and their judgements impartiality, ridding the pursuit of self-interest
  • In this way, the government is able to ensure the pursuit of the collective good
• Social Contract - Why not good?

  • Throughout Locke's writing, he describes that the government ought to define the pursuit of the public good
  • There is a lack of citizen influence and perspective in determining what the collective good looks like
  • Moreover, it lacks a way for citizens to hold the government accountable to the "collective good"
  • The creation without citizen influence allows for tyranny and oppressive governments to occur
• Social Contract - Why it's okay I guess?

  • While it acknowledges the ability of governments to pursue the collective good and ensure people's rights
  • It fails in a practical sense
  • Without a manner of citizen influence, tyranny and oppressive governments will evolve, making this perspective's form of law undesirable
• Social Conflict perspective - 1st paragraph

  • Similar to the pluralist perspective, sheds light on conflictual relations between different interests and groups, however it emphasizes ongoing inequalities of power when it comes to legal systems
  • Following this framework, it implies that the legal system is nor impartial or unbiased, rather it works to safeguard the interests of the privileged few at the expense of the marginalized many
• Social Conflict perspective - 2nd paragraph

  • Following Harris' summary of Marx's writing
  • He illustrates how the capitalist society has created two types of citizens
  • bourgeoisie - Own means of productions
  • Proletariat - Who provide the labour
  • Emphasizes that the notion of a capitalist mode of production creates inequalities between these two groups, as a system of exploitation emerges
  • To profit, the workers must be paid less than the goods they produce
  • Gaining profits, the bourgeoisie gets richer and richer, while the working class remains the same
• Social Conflict perspective - 2nd paragraph cont.

  • To break this system of exploitation, all it requires is a revolution, however this can be avoided through controlling state institutions and dominant ideals
  • Being the richer classes, the bourgeoisie is able to coerce the government in pursuing their common interests
  • Government is no longer working in public good, rather common interests
  • Moreover, the ruling class is able to determine the dominating worldview and value through societal institutions like education, law and family
  • Legitimizes privileged position and their interests
• Social Conflict perspective - Why best?

  • Persuasive as it highlights the government's ability to create inequalities and void the public good
  • By highlighting the possible inherent biases within a legal system, it asserts that the creation of law and a state isn't always "good" nor beneficial for it's citizens