SOSC 1375 Lecture Notes - Lecture 4: Society Of Jesus, Public Law, Line Of Actual Control
Law and Moral Ambiguity: What is Murder?
Why do we have laws?
- To protect people in society
- To maintain social order
- To regulate society
- To prohibited certain types of behaviors
Why do we have trials?
- To find out the truth about the case
The Trial:
- Truth/ fact finding
- To tell a story
- To determine innocence or guilt
- To restore
- To punish
Recent Cases:
- Shafia trial: tooba Mohammad yahya + Mohammad shafia + Hamed shafia convicted of
1st degree murder → right to defend themselves, why they did it, possible reasons, helps
us understand why they did it from their stories
- Life in prison (in Canada): 25 year’s in prison
Terrorism:
It’s not a traditional war
It’s not a traditional crime- ex killing someone with just a water bottle, not claiming a war
Domestic Law Constraints-
International Human Rights Norms
State Sovereignty- pass any law they want to in their state
Authorization for Use of Military Force- September 18, 2001 Public law 107-40 (S.J. RES)
Document Summary
To find out the truth about the case. Shafia trial: tooba mohammad yahya + mohammad shafia + hamed shafia convicted of. 1st degree murder right to defend themselves, why they did it, possible reasons, helps us understand why they did it from their stories. Life in prison (in canada): 25 year"s in prison. It"s not a traditional crime- ex killing someone with just a water bottle, not claiming a war. State sovereignty- pass any law they want to in their state. Authorization for use of military force- september 18, 2001 public law 107-40 (s. j. Can"t kill their own citizens and people from other places. Two paradigms: criminal law (law enforcement) and war. Principle of state sovereignty political self determination- each state can do whatever they want to do for their own state. Difficult to determine the level of threat. Do states have the right to protect themselves.
