SOSC 1375 Study Guide - Midterm Guide: Canadian Judicial Council, Narratology, Legal Positivism

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Socio legal studies: midterm cp reading notes: meaning of law: traditional interpretations. Law most fundamental aspect governing social behaviour, understanding of constraints, pressures to stay within the law and consequences. Separation thesis separation of law and morality, aspect of positive law theory. Assumed expectation: law approximates moral values: reflects social norms of approval/disapproval, function of criminal justice is to protect society. Assumed: law is equivalent to moral code, and what is legal is morally obligated or acceptable. ^ not entirely true: law is less demanding than moral code. Laws = prohibitions in order to establish boundaries, less positive commands. Does not require some things which are considered to be morally obligatory (i. e. charity) You can break the law without doing anything wrong i. e. traffic tickets. Contemporary disagreements (i. e. euthanasia) suggests that law cannot reflect a moral code when no exact code exists no general agreement.

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