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Lecture #2 on Law and Everyday Life: Legal Consciousness and Law as Narrative

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York University
Social Science
SOSC 1375
Olena Kobzar

SOSC 1375 – Lecture #2 September 17 , 2013 Law and Everyday Life: Legal Consciousness and Law as Narrative Symbolism of Lady Justice • Sword – symbolizes the power of the state • Scale – symbolizes balance • Blindfold – symbolizes not being able to see any biases • She is a woman – because women were seen as intelligent Is Law and Justice the Same Thing? • Justice and law might coincide • But it might not (e.g. crime of necessity) • It is dangerous to be right when the government is wrong – Voltaire Moral Ambiguities and the Law • Is the always one JUST answer in a legal dispute? • Dobson vs. Dobson Case o The child was not considered as a person yet • Sue Rodriguez • Purpose: to give examples of how law and justice are not always the same thing Structure of Courts SOSC 1375 – Lecture #2 September 17 , 2013 CANADIAN LAW .--------------------'---------------------. | | Substantive Law Procedural Law (Statute Law and (Rules) Case Law) | .------------------------------------------------------------. | | Public Law Private or Civil Law | | .------------------------------------------. | SOSC 1375 – Lecture #2 September 17 , 2013 | | | | Criminal Constitutional Administrative | Law Law Law | | .-----------------------------------------------------------------. | | | | | Family Contract Tort Property Labour Law Law Law Law Law Definitions: Substantive Law - consists of all laws that set out the rights and obligations of persons Procedural Law - outlines the steps and procedures involved in protecting and enforcing the rights given under Substantive Law, i.e. the rules of court, procedures, and etc. • No specializer in Procedural Law • How to behave in legal court? Public Law – regulates the relationships between the state and individuals, or between states • Anything outside Civil Law - regulates the personal relationships between two private parties (Private) • Where two or more people are included (e.g. divorce) Criminal Law – state defined prohibitions with penalties • Violence Constitutional Law - Laws establishing the make-up of government a
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