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Law and Everyday Life Lecture 1.doc
Law and Everyday Life Lecture 1.doc

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York University
Social Science
SOSC 1375
Olena Kobzar

1 Jan 15, 2012 Is Law and Justice the Same Thing? Sometimes they coincide Sometimes they do not • There is a large overlap between morality and law. If something is morally wrong, it will be illegal: murder, theft, assault, etc. If something is legal it must mean that it is morally acceptable. Examples: Criminal law: crimes are illegal because they are morally wrong Victims seek the law for redress because it is the moral thing to do • Law and morality also diverge. o Law is less demanding than moral codes in the sense that majority of laws are prohibitions rather than positive commands. They punish for wrongdoings. They do not require acts of charity or assistance. o Law is more demanding in the sense that someone can be blamed for breaking the law without doing something morally wrong (ex. traffic offences). o Law and morality become problematic with controversial issues (ex. abortions, euthanasia, etc.) The law cannot meet the moral beliefs of everyone in this case. o Law is also not moral when it comes to equality and human rights (ex. systemic discrimination) o Moral relativists believe that the law protects outdated moral beliefs. Moral beliefs are always changing and things should be made illegal, but they are not until the laws are reformed 2 Justice • Jusice relates to consciousness, rationality, and moral sense. It is only where there is conscious, purposive activity. A hurricane hitting your city would not be an injustice. Moral Ambiguities and the Law Is there always one JUST answer in a legal dispute? Dobson vs. Dobson Case Get into a car accident and the fetus is affected. Baby is born with cerebral The guy with the defect and the grandfather sue the mother for support. Suing for the cost of the 24/7 hour support The mother had no INTENT. Usually someone would be held responsible for hitting someone else, But the court decided that the son couldn’t sue his mother because the fetus is not considered as a person. If the mother were sued, it would go against the abortion laws. A fetus is not considered a person in abortion laws. Sue Rodriguez Euthanasia. She wanted to be killed, but the laws did not allow that. It becomes problematic because it’s hard to determine if someone’s mentally capable to make this decision. Outline of Canada’s Court System Supreme Court- interprets the law 3 CANADIAN LAW .--------------------'---------------------. | | Substantive Law Procedural Law (Statute Law and (Rules) Case Law) | .-----------------------------------------. | | Public Law Private or Civil Law | | .----------------------------. | | | | | Criminal Constitutional Administrative | Law Law Law | | .---------------------------------------. | | | | | Family Contract Tort Property Labour Law Law Law Law Law Definitions: Substantive Law - cons
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