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SOSC 2350 (212)
Lecture 5

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Department
Social Science
Course
SOSC 2350
Professor
Tanja Juric
Semester
Fall

Description
Lecture 5: Hobbesian thought: individuals are inclined towards disorder, chaos and rivalry - Under social contract, individuals give up natural rights for the sake of protectiong - Order and civility is a result of subjection to the sovereign - Sovereign not subject to legal limitation ( law can change at their will) Political Liberalism: human society should be organized in accordance with certain inviolable rights Political liberalism: human society should be organized in accordance with inviolable rights. Ir; rights to life, liberty and property - Rejection of separation of powers as it would generate conflict with the divided sovereign - Rejection of separation of powers as it would generate conflict with the divided sovereign - Lockes thinking: Humans are guided by reason and governed by natural laws Lockes thinking: humans are guided by reasn and governed by natural laws Lockes thinking: humans are guided by reason and governed by natural laws Natural laws: law is a reflection of the moral order Lockes thinking: humans are guided by reason and governed by natural laws Natural laws: law is a reflection of the moral order natural laws: law is a reflection of the moral order one must preserve oneself and not harm others in their enjoyment of libery one must preserve oneself and not harm others in their enjoyment of liberty, government was to serve the people and where law ends, tyranny begins. One must preserve oneseld and not hinder others enjoyment in liberty Government is to serve the ppl and when law ends, tyranny begins Separation of powers bwtn legislature and executive Montesquieu: liberty: not the right o doing what one pleases rather it is a right of doing what the law permits Liberty: not the right of doing what one pleases rather the liberty of doing what the law permits Liberty only exists if ppl are free from tyranny Independent judiciary : central to Montesquieu Judicial is the point of most direct communication between government, law and individuals Modern Rule of Law: a cluster of principles, practices and institutional arrangements whose purpose is : constrain govnt power, serve social broad goals, impartial Formal equality: Everyone is equal and ought to be treated the same regardless of circumstances Everyone is equal and ought to be t rated the same regardless of circumstances Substantive equality: Equality requires treating people differently to account for the inequality of their situation Equality requires treating people differently to account for the inequality of their situation Lecture 6: Devlin’s argument: task of judging is very differently and Canadian society is becoming increasingly diverse: Judges function within this broader social economic, cultural, and political context A need for “social context education”: a training that includes critical reflection of social context issues with respect o law and the act of judging. - The task of judging is very complex and the Canadian society is becoming increasingly diverse: - Judges function within this broader social cultural, political and economic context - The task of judging is very difficult and the Canadian society is becoming increasingly diverse: - Judges function within this broader social, economic, political context - A need for “social context education”: This is a training that includes critical reflection of social context issues with respect to law and the act of judging. - A need for “social context education” This is a training for the critical reflection of social - Social context issues: this is a training for the critical reflection of social context issues - A training of the reflection og critical social context issues with respect to law with respect to law and the act of judging. - Social context education: a this is a training of the reflection of the critical social context issues with respect to
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