CRIM 135 Lecture Notes - Lecture 1: Canadian Bar Association, Just Legal, Barometer
25 May 2016
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Document Summary
The role of law: what is the relevance and purpose of our legal system. Two notable instances of response by the canadian courts and legislatures. Canadian bar association argued against these legislations since they would add complexity to sentencing principles and increase court times: it would conflict with existing common law and principles of sentencing, sentencing becomes harsh and unfair. Law is the skeleton that structures our economic, social and political lives. Law is the barometer of our view of human relations. Our attitudes toward law define us as citizens of our society, politically, economically, and morally. Our perceptions of justice and injustice define our relationship as citizens to the state. In canada, the sovereign is parliament which can make or unmake any law. Positivism states that adherence to a just legal process is more important than the specifics of law since the specifics will vary across time.
