LS101 Lecture Notes - Criminal Code (Canada), Small Claims Court, Test Case
Document Summary
Tuesday september 18, 2012: natural law criticisms. Judges only apply laws created by lawmakers and not make own moral decisions. Black letter law : legal principles that are old/settled should be applied strictly. Not flexible system, non-progressive, no complexity in law. Habit of obedience : we learn right/wrong during our childhood. Why is there no morality in positivism: judicial (legal) realism. Judge is the most important person (final decision makers) Something more than law (interpretation, sympathy, judge"s thoughts during trial/ judge"s life experience) Right side of the bed theory : what happened in judges life that may impact judge"s attitude. A legal rule forbids you to take a vehicle into the public park. Are these, as we say, to be called vehicles" for the purpose of the rule or not? . Find definition of vehicle" and ban all vehicles that apply. If vehicles bring no harm, it"s okay. Depends on their beliefs concerning this situation.