CRM 2300 Lecture Notes - Blood Transfusion, Sodium Thiopental, Grievous Bodily Harm
31 Jan 2014
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Document Summary
The common law: is discursive, problem solving thru text and talk ex. Law in canada isn"t really contained in the criminal code itself. The common law is an excellent window on politics and power relationships (3: all about good, right and what"s moral, articulate and describe what we value as a society, there are two sides to each story. John henry want buys a yacht and needs to get it from england to australia: dudley captain, stephens- mate, brooks- seaman, parker- cabin boy, boat was not properly fixed and it ends up sinking. Issue: they admit they killed him but they explain that is was a necessity. Defense of necessity: legal decision and reasoning: necessity clear and imminent peril (danger is about to happen) that if you don"t do it something bad will happen. It was a necessity but they still find them guilty. The window on power ie. cabin boy died.
