Author & Argument- Articles

Question 1

law as a combination of four “jobs” that cannot be ignored in society - they are imperative to social existence

Answer 1

Edward Hoebel

Question 2

the cheyenne case- first rule to disregard free utilization (social irresponsibility) for legislature

Answer 2

Karl Llewelyn and Edward Hoebel

Question 3

lawyers steal conflict from parties - formal legal system isn’t necessarily better at solving conflict than an informal legal system

Answer 3

Nils Christie

Question 4

Environment of Canadian judicial system comprised of three factors: socioeconomic, political, and legal culture

Answer 4

Peter Russell

Question 5

talks about Anishinabek beliefs of earth as a living being- gives it political citizenship and a place in the jurisprudential system. Also, indigenous people understand all people to be citizens of one territory that depend on the land for survival

Answer 5

John Borrow

Question 6

We need to achieve a balance between international law and domestic law in society to form an overarching sense of unity- customary law vs. treaty law

Answer 6

Armand de Mestral and Evan Fox-Decent

Question 7

Promises made at Treaty of Niagara (peace, understanding, protection) must be kept- indigenous members were active members of this agreement with the british government

Answer 7

John Borrow

Question 8

Defence of necessity’s place in the moral dilemma, and why it wasn’t applicable in R v. Dudley & Stephens + why John Mill’s freedom of inquiry isn’t feasible

Answer 8

Patrick Fitzgerald

Question 9

Jury nullification is sometimes a moral exercise of power done by jurors in an attempt to combat systems of white supremacy and racism in the judicial system

Answer 9

Paul Butler

Question 10

Nixon v. Rape relief case- Rape Relief utilizes a public/private dichotomy to discount Nixon’s identity as a transgender woman. This is ironic because, for an organization that promotes themselves as feminist, their use of the dichotomy promotes inequity and patriarchy and further isolates transexual women in society

Answer 10

Ummni Khan

Question 11

Law is a mirror of society that functions to maintain social order, but increasing diversity means we should look at larger applications of society to enhance understanding

Answer 11

Brian Tamanha

Question 12

Legal studies education in Canada should move away from the concept of mere doctrinal instruction, promoting a vision of an interdisciplinary field

Answer 12

Brophy and Blokius

Question 13

Why precedent (stare decisis) is important in law - lawyers must ensure law is certain, predictable, and applied equally- while balancing this with adaptability and innovation

Answer 13

F.L Morton

Question 14

Doctrine of precedent is two-sided: strict (disregard past) and loose (focus on past)- contradictory but both correct. Whichever a judge chooses to apply due to elements of persuasion.

Answer 14

Karl Llewelyn

Question 15

“The modern principle”- idea that acts must be read through 1 approach- presented as elite but inadequate. Courts should be more creative to adjust legislature to a changing social reality

Answer 15

Stephanie Beaulac, Pierre-Andre Cote

Question 16

Citizenship & neoliberalist status doesn’t reflect minority rights- a revised social rights model based on T.H. Marshall’s “social citizenship” would best resolve social tension

Answer 16

Ben Revi

Question 17

“Explosion of interest” in idea of citizenship (and a desire for a sense of “belonging”) leads to instability of communities - ex, Mohawks of Kahnawake want self-government rights

Answer 17

Jane Dickson

Question 18

Canadian charter introduced by means of allowing everyone fundamental rights, freedom, equality, and dignity- no matter their race, religion, history, etc.

Answer 18

Pierre Elliott Trudeau

Question 19

Women’s rights as a recent justice established by the courts- relatively successful, but we must dedicate ourselves to achieve equality in all legal concepts- justice without equality is no justice at all

Answer 19

Claire L’Heureux-Dube

Question 20

This article examines the key characteristics & challenges of the charter in Canada, viewing interactions between domestic and international levels. Argues that economic & social rights are best protected in pluralistic (rather than homogenous) communities

Answer 20

Louise Arbour and Fannie Lafontaine

Question 21

Collateral aspects of dialogue: dialogue as a foundation for the Canadian charter and constitutional theory. Ex, dialogue between judge and legislator in sec. 33 of the charter

Answer 21

Jamie Cameron

Question 22

Contemporary Marxist theorizing precludes law as a possibility for social change- a “rethink” of law is needed. This article examines both theoretical (potential reformulation) and practical considerations (legal strategies that can be extended/developed) to viewing law as an agent of social transformation

Answer 22

Stephen Brickey and Elizabeth Comack

Question 23

reason of authority vs authority of reason- this article looks at civil law tradition in quebec and argues that the SCC gives due authority to Quebec, respecting their tradition of civil law and therefore adhering to authority of reason

Answer 23

Justice Claire L’Heureux-Dube

Question 24

Article argues in favour of Quebec’s “integration model” and “system of secularism”. Argues that catholic symbols (ex, crucifix in national assembly) are non-secular and should be removed in Quebec

Answer 24

Bouchard and Taylor