Exam notes I was a little iffy on Flashcards
What is jurisprudence
the theory or philosophy of law
What is common law
derived from custom and judicial precedent rather than statutes
What is justice
fairness/moral rightness
What are the 2 types of equality
formal and substantive
what is formal equality
prescribes identical treatment of all individuals regardless of their actual circumstances
what is substantive equality
tries to put neutral laws in place, and emphasizes the importance of equal OUTCOMES, it recognizes that policies and practices put in place may appear to be non-discriminatory however it may not address the needs of certain people/groups
What is customary law
“unofficial” law, a long established way of doing something that the law regards as a legal practice
what are conventions
something that has been done for so long that it has required the force of law
what are conventions
something that has been done for a long time that it has become an unwritten rule
what is legal realism
legal rules are based on judicial decisions in interest of society and not because of any “higher” power
what is legal positivism
belief that law is based on human authority
what are the 2 subcategories of legal positivism
spirit of the law
letter of the law
What is the Arms Trade Treaty
arms are not to be traded if they are to be used for human rights abuses– many will not ratify this because they will lose much money
Who is india’s daughter
Jyoti Singh– she was gang raped then killed and this sparked international outcry
What are “heihaizi”
The “Black Children” of china, they are the children that are illegal due to china’s one child, and now two child, policy
What is the responsibility to protect doctrine
to prevent/halt genocide and mass atrocities…. cannot be blocked by sovereignty as it is the international communities duty to stop it
Who is john locke
aka the father of liberalism– he says that people have pre-exiting rights and the government exists to protect them
Who are the men with security certificates
Adil Charkaoui, Mohamed Harkat, Mahmood Jaballah, Hassan Almeri
Who is Adil Charkaoui
Arrested in 2003, got 21 months in jail, suing government
Who is mohamed harkat
2002 arrest, 43 months in jail, challenging the supreme court
who is mahmood jaballah
was school principle, arrested in 1999, father of 6, only person with 3 security certificates, over 6 years in jail
Who is hassan almerei
Born in syria, arrested after 9/11, 7 years in jail, 3 years house arrest, suing the government
Who is band al-abed
girl in aleppo who tweets with help of her mother about what is happening
What is Dadaab
Refugee camp in kenya, near the somalia boarder, for refugees from the somolia civil war, kenya wanted to close it but international community pressured them to keep it open
