unit 1 law Flashcards
what is law
a set of rules of conduct, established by government, for all members of society to obey and follow
what are the 5 functions of law
-regulates conduct
-avoids and/or settles disputes
-sets out rights and obligations
-provides remedies
-maintain order and provides protection
what is jurisprudence
the science or philosophy of law
“law is the action, justice is the …”
outcome
what is justice (concepts linked to the idea)
-retribution (punishment for a crime committed)
-equality of treatment for all memebers of society
does our legal system operate under equality or equity
equality
what are the concepts of justice influenced by (4 things)
-culture
-religion
-history
-tradition
indigenous people believe in a more human approach which is
restorative justice (focuses on rehabilitation)
which approach is often used in court for young offenders
restorative or rehabilitation
which perspective is an eye for an eye from
traditional perspective (retribution)
what influences justice to be obtained through cruel punishment practices
history and tradition
what is distributive justice
it is concerned with the fair and proper distribution of public benefits and burdens among members of the community
what are considered benefits in distributive justice
-all the goods that people want
-all the goods society produces
what are considered burdens in distributive justice
-debt
-sacrifice for country
-essentially all the negatives in society
what are the 5 legal ideas
-merit
-equality
-social utility
-ability
-liberty
which philosopher believes that interests of individuals must be subordinate to the larger interests and good of society
plato
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
plato
which philosopher believes the abilities and achievements of individuals entitles them to different statuses in society
aristotle
which philosopher believes individuals are born unequal and justice is giving them their unequal due
aristotle
what is egalitarianism
every person will be given exactly the same shares of that society’s benefits and burdens
what is justice as equality in canada
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
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
justice based on need and ability
marx
who believes that the wealth a society is able to produce belongs to everyone in society and should be shared by everyone in society
marx
which theory supports freedom of conscience, freedom of speech, freedom of association and equality in political and civil rights
who is the philosopher
mill rousseau
what are the 4 contemporary legal theories
-legal formalism
-legal realism
-critical legal studies
-feminist jurisprudence
which contemporary legal theory states that judges should be disinterested (no bias or opinion) and merely apply the law (based on facts)
legal formalism
what is case law
when the judge’s verdict (opinion) becomes law
which contemporary legal theory allows judges to make the law because the law is considered uncertain and vague
legal realism
what are critical legal studies
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
which contemporary legal theory states that the law protects the rights and power of men at the expense of women
female jurisprudence
