Quiz 2 Flashcards
Legal Philosophy
What is the significance of Indigenous legal traditions in Canada?
Indigenous legal systems, based on oral traditions, influenced Canada’s restorative justice system. The Six Nations Great Law of Peace covered justice, fairness, and democratic principles.
What is the origin of Common Law in Canada?
Originating with William of Normandy and King Henry II, British Common Law relies on precedents. Modern Canada follows this system, where past decisions guide future cases.
How does French Civil Law differ from Common Law?
French Civil Law is based on written statutes (e.g., the French Civil Code of 1804) and uses an inquisitorial system. Quebec follows Civil Law, while the rest of Canada uses Common Law.
What is the Social Contract?
The Social Contract is the idea that people give up some freedoms in exchange for protection and order from the government.
Legal Paternalism
Legal Paternalism is the idea that the government can restrict individual freedoms to protect people from harming themselves (e.g., seatbelt laws, drug laws).
Rationalism in Law
Rationalism emphasizes using reason and evidence to create laws based on logic (similar to the scientific method).
What is Utilitarianism in legal theory?
Utilitarianism states that laws should create the greatest good for the greatest number of people. Jeremy Bentham is a key thinker.
What is the concept of Universality in law?
Universality means that laws and principles should apply to all people, at all times, and in all places.
Arbitrary
A “random” choice based on something that might happen
What is Justice in legal terms?
Justice involves determining right actions to correct wrongs and ensure fairness.
What is the definition of Morality in law?
Morality is the distinction between right and wrong.
What is Civil Disobedience?
Civil Disobedience is the act of refusing to follow unjust laws as a form of protest
What is the role of Divinity in law?
Divinity refers to laws based on God or a higher power (e.g., religious laws)
What is Natural Law?
Natural Law states that laws must be based on morality and universal principles. “An unjust law is no law at all.”
What is Positive Law?
Positive Law states that laws are created by governments and must be obeyed, regardless of morality. “The law is the law, and it must be obeyed!”
What is Legal Realism?
Legal Realism argues that law depends on who enforces it. Judges’ personal views can influence legal decisions. “The law is whatever the lawmakers say it is.”
What is Critical Legal Theory?
Critical Legal Theory asserts that laws reflect and maintain the values of powerful groups, leading to inequality (e.g., bias based on race, gender, or class). “The master’s tools will never dismantle the master’s house.” – Audre Lorde
What did Plato believe about law?
Plato believed laws should promote justice and morality. He believed that wise people should be leaders, and that lawmakers are corrupt. Big on Natural Law & Civil Disobedience.
What did Aristotle believe about law?
Aristotle believed laws should be based on reason and virtue, with fairness and equity as key principles. Big on Natural Law.
Thomas Hobbes
He advocated for strong government control to prevent chaos. He believed in absolute monarchy and that humans are too stupid to make laws.
Jeremy Bentham
Bentham founded Utilitarianism, advocating for laws that maximize happiness for the most people. He also supported legal reforms based on reason and consequences.
