SOC323H5 Lecture Notes - Lecture 4: Henry Morgentaler, Section 33 Of The Canadian Charter Of Rights And Freedoms, Reasonable Time
Document Summary
Question presumption law is neutral and objective. Influenced by legal realism: law is subjective and open to interpretation; can be inconsistent. Influenced by moral ideas, politics, economy and community views: argue law is made in interest of powerful people and is made by powerful people. Critical of law and legal education: argue that law schools only teach to think like lawyers; didn"t challenge them to be critical of the law, trained to accept status quo and work in the current system. 3 dominant critiques: neutrality questioning that law is not neutral and it is made in interest of certain people. People making these are also not neutral- have their experiences and that influences how they interpret the law: abstraction- when applying law, exclude all social context that someone comes from. Argue that it is impossible to treat people fairly when the crime is taken out of context.
