CRM 2300 Study Guide - Margarine, Ob River, Wrongful Death Claim

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23 Jun 2014
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Jan 13/12: common vs. civil law liberal principles of justice. Common law developed in england, and civil law in continental europe. Civil law is based on a code, apriori first with principles. Common law allows judges" to go out and solve cases individually. As each case was decided they became a legal precedent. Civil law rules are rigid, the common law system is always dynamic because it is changing. Rule of stare decisis says that the lower courts (provincial) are bound by the decision of higher courts. Liberalism society is an aggregate of rational individuals. Rational= weighing the cost and benefit of their actions (utilitarianism) The role of the law is to maximize individual freedom. Protect individual autonomy so we are able to make our own decisions right up until the point it affects another individual. Taking away freedom and property rationale behind our social contract. Rational decision to act: historical background.

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