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unit 1 rev- world issues > unit 1 law > Flashcards

unit 1 law Flashcards

1
Q

what is law

A

a set of rules of conduct, established by government, for all members of society to obey and follow

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2
Q

what are the 5 functions of law

A

-regulates conduct
-avoids and/or settles disputes
-sets out rights and obligations
-provides remedies
-maintain order and provides protection

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3
Q

what is jurisprudence

A

the science or philosophy of law

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4
Q

“law is the action, justice is the …”

A

outcome

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5
Q

what is justice (concepts linked to the idea)

A

-retribution (punishment for a crime committed)
-equality of treatment for all memebers of society

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6
Q

does our legal system operate under equality or equity

A

equality

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7
Q

what are the concepts of justice influenced by (4 things)

A

-culture
-religion
-history
-tradition

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8
Q

indigenous people believe in a more human approach which is

A

restorative justice (focuses on rehabilitation)

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9
Q

which approach is often used in court for young offenders

A

restorative or rehabilitation

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10
Q

which perspective is an eye for an eye from

A

traditional perspective (retribution)

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11
Q

what influences justice to be obtained through cruel punishment practices

A

history and tradition

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12
Q

what is distributive justice

A

it is concerned with the fair and proper distribution of public benefits and burdens among members of the community

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13
Q

what are considered benefits in distributive justice

A

-all the goods that people want
-all the goods society produces

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14
Q

what are considered burdens in distributive justice

A

-debt
-sacrifice for country
-essentially all the negatives in society

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15
Q

what are the 5 legal ideas

A

-merit
-equality
-social utility
-ability
-liberty

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16
Q

which philosopher believes that interests of individuals must be subordinate to the larger interests and good of society

A

plato

17
Q

which philosopher believes the natural talents of a person will vary according to their genetics and thus their positions in society will also vary in accordance to that

A

plato

18
Q

which philosopher believes the abilities and achievements of individuals entitles them to different statuses in society

A

aristotle

19
Q

which philosopher believes individuals are born unequal and justice is giving them their unequal due

A

aristotle

20
Q

what is egalitarianism

A

every person will be given exactly the same shares of that society’s benefits and burdens

21
Q

what is justice as equality in canada

A

the basic belief that all people are created equally and should be treated as such before and under the law
OPPOSED to justice as a merit

22
Q

what is the theory that work burdens should be distributed according to people’s abilities and benefits should be distributed according to people’s needs and who is the philosopher behind it

A

justice based on need and ability
marx

23
Q

who believes that the wealth a society is able to produce belongs to everyone in society and should be shared by everyone in society

A

marx

24
Q

which theory supports freedom of conscience, freedom of speech, freedom of association and equality in political and civil rights
who is the philosopher

A

mill rousseau

25
Q

what are the 4 contemporary legal theories

A

-legal formalism
-legal realism
-critical legal studies
-feminist jurisprudence

26
Q

which contemporary legal theory states that judges should be disinterested (no bias or opinion) and merely apply the law (based on facts)

A

legal formalism

27
Q

what is case law

A

when the judge’s verdict (opinion) becomes law

28
Q

which contemporary legal theory allows judges to make the law because the law is considered uncertain and vague

A

legal realism

29
Q

what are critical legal studies

A

it is the believe that the law exists to support the interests of the people in power and can be used as a means of social control and the theory critiques this

30
Q

which contemporary legal theory states that the law protects the rights and power of men at the expense of women

A

female jurisprudence

unit 1 rev- world issues (3 decks)

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