Class Notes (836,580)
Canada (509,856)
Philosophy (940)
PHLB11H3 (15)
Lecture

PHLB11 WEEK 1 (lec notes 09 - 01 - 2013).docx

4 Pages
175 Views
Unlock Document

Department
Philosophy
Course
PHLB11H3
Professor
Mark Clamen
Semester
Winter

Description
PHLB11 09.01.2013  the law must be legible to all for which it applies to, otherwise the law will not work  in regards to the constitution of marriage, very little of religious text is relevant under the law  s.15 of the charter shows that the traditional marriage model was in fact in a way against the charter  the origin of marriage was constituted through a Judeo-Christian ideology of marriage Law and morality  the legal relevance of a moral conscious  whether or not the moral outrage to a particular decision of the law, was relevant in their jobs and roles as justices  law is indisputable, negating the effects of morality on decisions  what is the relations between law and morality?  between the 'legal' and the 'moral' What is a Law?  the law protects us from each other though rules  act as deterrence  enforce through institutions, legislator, judiciary, police, prison system  not just a list of rules but a system of rules  most basically, law is regulatory. laws are rules  but the law is not merely the list of rules, rights and prohibitions; it is also the functioning of a FORMAL SYSTEM  friendship has rules but is not is a formal system with an included enforcement agency  the law also included the institutions that create, interpret, and enforce those rules Hierarchical  not merely laws, but laws about laws. not all laws are created equal' there are higher and lower order laws Has authoritative institutions  (i.e. it is a formal rule system)  it can create/modify/delete the rules (a legislature)  it can apply/enforce those rules (the courts)  or defined limit of territory for which the people are bound who are subject or live within its confines, which includes a tribunal or judiciary to govern those through a code of conduct  the difference between UofT student law and code of ethics and Canadian law is that it is voluntary  you choose to become a subject and as such enter into a contract with a set ethics and rules of conduct Has a "compulsory jurisdiction"  no opting out (unlike codes of conduct)  everyone is applicable to the law, whether they know so or not  UofT cannot have a law for which it contradicts Canadian law in it of itself Morality  right and wrong  common reason - mores  morality is used in two very similar ways  cultural mores - a system determining appropriate and inappropriate  Conventional morality - critical morality (doesn't have reasons, i.e. pronunciations; Goethe st. ) Conventional Morality  has reasons to justify conduct  not about right and wrong but about how things are done  the mores or ethos of a groups or society  these matters of social facts it operates as a kind of informal counterpart to the law Critical  pronunciations  does not
More Less

Related notes for PHLB11H3

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit