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Summary Critical Race Theory and Feminist Legal Studies

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Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable. Chapter 18 of: Beginner's Guide for Law Students

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Intro to Law: Chapter 18
Created @March 29, 2022 8:09 AM

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Judicial Deference
Judicial activism


Exercises his discretion to resolve a dispute → leads to societal change.




Judicial restraint
Positivist outlook.
limits exercise of discretion → leaves the decision to legislative government branches.




Natural Law
Positive law → based on certain values, universally valid




Legal positivism

emphasis on legal rules

based on assumption that law and morality can be separated



Intro to Law: Chapter 18 1

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