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1B - Introduction and Overview - Perspectivies on Law.docx

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University of Waterloo
Legal Studies
LS 101
Susan Brophy

Unit 1: Basics of Law Week 1B September 12, 2013 INTRODUCTION AND OVERVIEW: PERSPECTIVES OF LAW Review Question for consideration: “Why do we obey the law?” Background Legal Studies …has a long history and is interdisciplinary  Today we answer the questions: o How has Legal Studies emerged and evolved? o How is it different from a “law school” approach?  Put the who, what, when, where, why and how of Legal Studies to the test  Tell the “story” of Legal Studies with an example Introduction and Overview Example  Government of Quebecc’s proposed changes to its Charter of Human Rights and Freedoms o Bill will be introduced this fall o Consists of five main proposals 1. Amend the Quebec Charter of Human Rights and Freedoms 2. Establish a duty of neutrality and reserve for all state personnel 3. Limit the wearing of conspicuous religious symbols 4. Make it mandatory to have one’s face uncovered when providing or receiving a state service 5. Establish an implementation policy for state organizations Perspectives  Natural Law Theory o Two pillars:  A Divine law – created by God  A universal moral code o Is the proposed law unjust?  Does the Example reflect Divine command?  Does the Example reflect human nature? o “Must you obey an unjust law?” –
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