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SOSC 2350 Note 3.docx

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Social Science
SOSC 2350
Dena Demos

SOSC 2350 Note 3 The Legal ProfessionDispute ResolutionLaw inand SocietyProfessionalization of LawBarriers in Legal Profession Law in SocietyLaw has insinuated itself into all aspects of human life and endeavorsDetail legal rulesDeterrence oriented enforcement practicesIntensely adversarial proceduresJudicial review of administrative ordersRightsoriented country not just in courts but In legislatures media and on streets Shows like law and orderCanada surpasses the US in level of regulations imposed through Law o Litigation accelerated since the advent of the Charter of Rights and Freedoms o Canadian Society may increasingly come to mimic Americas approach to law o Canadian legal profession has grown almost tendfold in past 50 years o Increase in supply of lawyers can increase demand for legal services Lawsuits are good for a nation and can usher in progressive reformsBring critical information to light labeling testing regulating etcRemove regulations that interfere with justice o 1992 Supreme court decision to remove specified time period for legal action childhood assaultLitigation can also get out of control trivial cases someone trying to get rich o 1999 US lawyers filed a class action suit against toothbrush manufacturers What is behind this increase in litigation o More lawyersmore litigationLitigation packets create more accessMay also be a tactical engagement in a sustained war o Entitlement mentality general demands rather than specific claimsPropensity is thought to be a significant cultural factorPeople are in prisons have the right to access particular publications Theres an abuse of the rights due to our entitlement mentality Being aware of our rights blinds us toward our responsibilities This is also culturally influenced CANADA v USA o With the greater litigation in the US they feel more justified as their right to take it to courto Some cultures are less likely to scream and shout CThree Generic factors that may explain the increase in litigation 1 Social development a Increased complexitygreater reliance on courts 2 Subjective costbenefit calculations on part of disputants risk factors
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