foundations (lec 1) Flashcards
What is the purpose of law in society? Also think about: force, cases.
-define roles and responsibilities of ppl in society
-control use of force + order it
-decide outcome of cases
what is the role of law?
bring balance back to society when unbalanced
why/how is law dynamic?
-as society changes, so must law
-redefinition+refinement is constant
-law must adapt, basic values of society NEED to be recognized
-new ideas, solutions and problems always emerging
What is the concept law as an artifact? What do we look for in law that reflects past and present?
-remnants of past society imposed on present
-validity of how law reflects society now and past
What is the concept of conflict as property? How does conflict become property?
-type of currency
-conflict b/w parties–> conflict with the state
-parties represented, those involved in case completely removed
-victim lost their case to state
-conflicts become properties of lawyers
What is the role of law in canada over time? How did it change from past to present? Think about: What do we rely on law for
-urbanized=traditional social bonds weaker
- rely on positive law to define rights+obligations. And to solve differences
-society of customs +informal authorities –> society that depends on legally defined rights
-expanded adjudicating bodies+systems to weigh in on arguments
-results in courts having more responsibility
What is Canada’s Political Culture?
LIBERALISM
what does liberalism mean for canada? What did it bring about?
-egalitarian political+econimic system
-greater separation between criminal courts+police
-appeal courts
-new rights =disputes to be settled in court
-increased role of courts in policy making
-system places large amts of power in the capital, so we look to courts to keep powers in check
What is Canada’s legal culture? What does it mean?
DUALISM
-english common law tradition+statutes
ALT VIEW: Law as life from Anishinabek Nation, what are the beliefs about earth and life?
-law is living system, earth is sentient life
-earth is a living entity, life is sacred
-land cannot be owned, b/c earth is sentient
ALT VIEW: What are the beliefs around law itself?
-law considered sentient
-governs society+relations, so requires consent and consultation from ppl
-law not inhibited by time, evolves w/ experience
-law doesn’t belong to anyone. It’s temporarily held by 1 generation, to secure for next gen
What is narrow perspective of law? Broad perspective?
Narrow approach- law as system of prescribed rules.
broader perspective - law as process of searching for + formulating principles by which society should operate
What is the concept of natural law ?
objective, ‘‘natural values’’ that must be reflected in man–made laws
What is the concept of positivism?
what laws actually say, opposed to their consistency with moral or natural law principles
How is law defined from a conflict perspective
-class division
-tool of oppression of the rich and powerful
