SOSC 1350 Lecture Notes - Lecture 2: Social Theory, Positive Law, Common Law
28 Jan 2016
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Document Summary
Theorizing canadian law the (liberal) official version of the law . Idea of theory: empirical vs. conceptual research. Empirical raw data facts, figures and stats. Totality of the legal apparatus includes: police, criminalization and the courts, lawyers and judges. Who makes law: mpps, mps, municipal officials, etc, legislators elected officials, sometimes judges. Classic debate: natural law theorists versus positivists: natural law law given to us by nature. Law does not change stable principles inherent in nature. Example human rights nature of humanity guarantees us rights: positive law all laws made my humans laws by the state. Made through things like codification and legal precedent. Common law (rest of canada and supreme court) Refers to a written set of codes that form the basis of law. In canada as a whole, there is a primarily a common law system with a mix of common and civil law in quebec.
