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Lecture

Outline_for_Review.april_2_2012.docx

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Department
Humanities
Course
HUMA 1825
Professor
Shirley Katz
Semester
Fall

Description
OUTLINE FOR REVIEW Professor KatzApril 2 2012INTRODUCTIONIn preparation for the final exam on WEDNESDAY APRIL 4 2012 at 900 am in the Rexall Centre it might be useful for you to reread the course description on p 2 of the Course SyllabusDoes the description resonate with you in a different way now that you have completed the courseIf you had to explain what this course was about to an intelligent younger sibling or to your parents what would you sayWrite out an outline of your answerWhat are some of the overarching themes and important concepts that the course materials examinedMake a list for yourself of some of the key ideas you have gained from the courseReview your lecture and tutorial notes the lecture outlines on Moodle the materials in the Course Kit the Discussion Questions and any notes you have made for yourself on the readings cases and filmsMake sure you understand the main ideas of the course materials and can flesh out those ideas in some detailNote again your own independent reading and viewing of the materials are essentialIf you havent actually read the materials or seen the films yourself and if you havent processed the ideas through your own mind you wont be able to bluff your way through the exam THREE THEMATIC APPROACHES TO THE RELATIONSHIP OF LAW AND MORALITY THREE COURSE COMPONENTS aThe interrelation between concepts of law and concepts of morality natural law versus positivismNatural law theorists Aristotle Aquinas the locus classicus of thnatural law theory and the secular 20 C theorists Fuller Dworkin MinowLegal positivism HLA Hart precursors Jeremy Bentham and John Austin1bThe legal enforcement of morality legal moralism Mill Devlin and the cases R v Keegstra R v Butler and R v Labaye note also the Bedforddecision of the Ontario Court of Appeal released March 26 2012cMoral objections to the law civil disobedience and resistance the two Antigones Rawls King the historical figures of the French ResistanceAmong the questions we considered are the followingWhat is lawWhat is the essence of lawWhat are its defining features without which it is not lawHow does law come into existence What does legal validity meanDoes law depend for its validity on a transcendent power What does it mean to have a valid legal systemWhat does the rule of law meanIs it synonymous with the rule of reasonWhat does law look like if it is not based on reason but on something else cf KafkaWhat do judges do when they interpret the lawDo judges make law Hart or do they find law Dworkin when they decide hard or penumbral cases eg Whiteley v Chappell Riggs v Palmer and Dronenburg v Zech et alIn what ways do law and morality overlapIn what ways do they not overlap Are there areas where law and morality ought not to overlapAre there zones of privacy which are none of the laws businessShould the law legislate morality for example where sexual matters between consenting adults in private are concerned2
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