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

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Mark Clamen

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
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