Unit 1 Paragraphs Flashcards
Differentiate between ethics and morality
Morality is knowing “right from wrong”. People typically learn their morals by family, community, politics, and culture. We live our lives under a moral system of what we seem just and unjust. Ethics refurs to our actions/way of life with morals. Ethics aims to answer the question of “what should i/we do” in situations. It reflects peoples values and principales through actions, habits, decisionse, ect.
Choose three laws, or concepts of law we believe to be true, in canada and describetheir historical origins
The Rule of law. The principle that everyone, including the government, must follow it (the law applies to everyone). The concept traces back to the Magna Carta (1215) in England, which established that even the king was not above the law. This principle was carried into Canada through British colonial law and became a foundation of Canadian democracy and legal practice.
The lords day act. There used to be a law that prohibited businesses from operating on Sunday “the day of rest”. That eventually was repealed, and showed the values in society.
Access to information act. Enacted in 1983, this law provides Canadians the right to access information held by government institutions, promoting transparency and accountability.
The Access to Information Act emerged from a growing demand for government transparency following scandals and a shift toward more democratic government It aimed to empower citizens by allowing them to request information about government operations and decisions.
How do societies use law to express their values? Use examples to explain
There are many laws that reflect societies values- for example, environmental laws. Many countries have laws aimed at protecting the environment, such as the Clean Air Act in the United States or the Canadian Environmental Protection Act. These laws reflect a societal value of the want to protect our world as well as have implications to economic sustainability, and the preservation of natural resources for future generations.
Another example is marriage laws related to same sex marriage. The legalization of same-sex marriage in countries like Canada and the U.S. These laws reflect a societal shift towards acceptance and recognition of diverse relationships, underscoring values of love, equality, and individual rights.
is religion and morality a valid source of legal principles? Use examples to explain your answer.
In a society there are many beliefs as well as most areas have a lot of diversity. Due to this there is a wide range of religious beliefs and moral perspectives. Relying on one religion or moral framework could marginalize those who do not share those beliefs. For instance, laws concerning marriage equality must account for different beliefs about marriage, rather than solely adhering to religious definitions. This is the same for changing moral standards. As time passes generations will have changes in their beliefs and ideology’s. If we implicate rules based of religion and morality they may not change with our growing societies, ultimately causing injustice and inequality.
Define jurisprudence and using examples, explain how it has impacted the development of legal systems such as canadas
Jurisprudence is the science and philosophy of law that examines the nature, purpose, and principles of legal systems. It influences the development of laws by exploring whether they are arbitrary, coherent, and just. In Canada, jurisprudence has supported social justice movements, contributing to the reforms seen in the Truth and Reconciliation Commission recommendations, which aim to address historical injustices faced by Indigenous peoples.
Identify the fundemental differences between the theories of natural law and positive law. Use at least two different philosophers for each theory of law to support your response.
Natural law and positive law represent fundamentally different theories about legal principles. Natural law, represented by by philosophers like Aquinas and Locke, asserts that laws must align with inherent moral truths and protect natural rights, such as life and liberty. In contrast, positive law, with Hobbes and Bentham, defines law as a set of rules created by human authorities, with validity based on adherence to procedures rather than moral considerations. Hobbes argued that in a state of nature, life would be “solitary, poor, nasty, brutish, and short,” necessitating the establishment of a social contract and governing laws for order and security. Thus, natural law emphasizes morality as the foundation of law, while positive law focuses on human-made legal systems.
Discuss why it is important for canada to have an independant justice system
An independent justice system is important for Canada because it ensures fairness and protects people’s rights. When judges are free from political pressure, they can make decisions based only on the law, which helps everyone trust the legal system. This independence also means that the courts can stand up for vulnerable groups and make sure that everyone is treated equally. Overall, having an independent justice system helps maintain democracy and ensures that all Canadians are treated fairly under the law.
Identify the fundemental elements of the various legal philosophies examined in class- Social theory, legal realism, critical legal theory, marxism, feminist jurisprudence, positive law, divine lae, & natural law
Social Theory examines how law interacts with society, emphasizing the social context in which laws are created and applied. It considers factors like culture, norms, and power dynamics.
Legal Realism focuses on how laws are actually applied in practice rather than how they are written. It emphasizes the role of judges, social factors, and the real-world effects of legal decisions.
Critical Legal Theory challenges traditional legal doctrines and highlights how law can perpetuate social inequalities. It argues that law is not neutral but influenced by political, economic, and social interests.
Marxism views law as a tool of the ruling class to maintain power and control over the working class. It critiques legal systems for reinforcing capitalist structures and advocates for laws that promote social justice and equality.
Feminist Jurisprudence examines how law affects women and gender relations, highlighting the ways legal systems can perpetuate gender inequality. It advocates for reforms to address systemic biases against women.
Positive Law asserts that law is a set of rules created and enforced by human authorities. Validity is determined by adherence to established procedures, irrespective of moral or ethical considerations.
Divine Law bases law on religious beliefs and divine principles, asserting that true law is derived from a higher power. This philosophy emphasizes moral imperatives believed to be established by God.
Natural Law holds that laws should be based on inherent moral principles and universal human rights, accessible through reason. It posits that unjust laws are not valid and should not be followed.
Asses the influence of colonialism, the white mans burden, paternalism, on the purpose and functions of modern NGOs
Colonialism, the “white man’s burden,” and paternalism have significantly influenced modern NGOs in several ways. Colonialism often established power dynamics that continue to affect how NGOs operate, sometimes leading them to impose their views and solutions without fully understanding local needs. The “white man’s burden” reflects a belief that Western countries have a duty to “civilize” others, which can lead NGOs to approach aid with a top-down mentality rather than empowering local communities. Paternalism in NGO work can result in a lack of respect for the autonomy and voices of the people they aim to help, often prioritizing Western perspectives over local cultures and knowledge. These influences can hinder the effectiveness of NGOs and may perpetuate dependency rather than fostering self-sufficiency and empowerment in the communities they serve.
Asses the influence of Hobbse, Locke, and Rousseau
Hobbes, Locke, and Rousseau greatly influenced modern political ideas about government. Hobbes believed that without a strong government, life would be chaotic and dangerous, so people needed to give up some freedoms to ensure order and safety. In contrast, Locke argued that individuals have natural rights to life, liberty, and property, and that governments should exist to protect these rights. He believed that if a government fails to do this, people have the right to change it. Rousseau introduced the idea of the social contract, suggesting that true freedom comes from people agreeing to work together for the common good. His ideas emphasized the importance of community and democracy. Together, these thinkers laid the groundwork for modern ideas about rights, governance, and the role of individuals in society.
Name the four factors that drive laws to change and give an example of how canadian law have been influenced by each factor.
The four factors that drive laws to change are Demographic changes, technological change, change in values, and national emergancy. In canada, you can see the demographic changes. There are more women in the work force, we have a decline in fertility, theres more imagrents (more diversity), ect. Technology has advanced and laws advanced with it. Laws had to be changed due to telephones, radio, the internet, ect. Then we have had many changes in our values- rules became more strict like with driving without a seatbelt/drinking and driving, smoking in public, ect. And national emergancys have influenced canadian law, like the war messurments act, anti terrorism, COVID-19 restrictions (even though some mandates were temporary)
Discuss either the primary cources of canadian law or the secondary sources of canadian law:
Discuss either the primary cources of canadian law or the secondary sources of canadian law:
The primary sources of Canadian law are the main foundations of the legal system. These include Constitutional law, which is the highest law in Canada and outlines the rights and freedoms of individuals, Statutory law, which consists of laws made by the government (like acts or legislation), and
Common law, which is law developed through court decisions and precedents set by judges. These sources work together to create a fair and consistent legal system that applies across the country.
