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Law Midterm Exam Review.docx

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LAWS 1000
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Law Midterm Review2013What Is LawLawa recognizedaccepted system of codified rules often but not always written in a given jurisdictionIs alsooFormal collection of processes and proceduresoProfessioncomplete with systems of accreditation hierarchies pay scales and regulatory bodies oA lensa perspective through which to view society and social conflict oA state institution involved of social regulation Legal studies approach law to focus on examining law from multiple perspectives including some following assertionsLaw as one part of a complex set of institutions law and societyLaw is more than the black letterrole of professionals and other players in making decisionsLaw and Politics are connectedthere is no such thing as pure law Law isnt always able to addresssee the big picturestructural issues are often obscured by laws focus on individual cases Law isnt neutrallaw often serves and maintain particular interestsLaw can be force for social change positive or negative Charter of Values in Quebec Tolerance Human Rights and SecularismProposed Legislation that would entrench the religious neutrality of the state and the secular nature of public institutions in Quebecs Charter of Human Rights and Freedoms ProponentsOpponentsLegal IssuesReplaces idea of division of Shows strong preference for Enacting Provincial church and state with idea of certain dominant religious Policy government as areligious or symbols and styles of dressQuebec Charter of religious neutraldesignated part of Quebecs Rights and Freedoms heritage Promotes secular values by Discrimination against various Canadian Constitution ensuring all public officials groups and creates intense Law Midterm Review2013appear as religiously neutral barriers for participating by and Charter of Rights when performing their individuals unwilling to and Freedoms providing servicescompromise their religious Charter challengetraditions regarding the Democracy and public wearing of certain symbols of opinion faithSocial Order Social Set reasonable limits on the Contravenes and limits freedom of religion as provincial and constitutional Regulation guaranteed in the Quebec protections on every citizens Norms and Values Charter of Human Rights and freedom of religionFreedomsThe Power of LanguageWords dont only reflect our idea they shape and constrain out thoughtsSpecific words can reproduce broad ideasalmost invisibly Power of language is especially apparent in Lawvery specific and complex language develops Implications of the term primitiveImplies a linear progression of culturesfrom less to more advanced Privileges the current cultural context as most advancedEurocentricgenerally based on the assumption that western European values and systems are the most normal or naturalSuggests a paternalistic relation between primitive and socalled advanced or modern culture practices or societiesTends to minimize or obscure points or similarity while emphasizing differencesHim and he are not valid stand ins for human or humanity Implies that man or male is the default of more natural position In association with law it can reinforce the belied that legal work is mens work It can though obviously not always does hint at a perspective in which women or other nontraditional male perspectives are not being considered or even imaginedFour Functions of LawLaw Midterm Review20131Purposive definition of personal relations and relationships Offers basic language of relationshipsmother in law step brother etc Established rights and responsibilitieswhat does each person owe other members of societyFramework for establishing liability between individuals and between groups Basic blueprint for modern society2Sanctioning the legitimate use of coercion and physical violence Establishes and reinforces the States monopoly on the legitimate use of violence Sets out reasonable limits and exceptions for individuals and groups to borrow the authoritative use of violence Defines true violence vis a vis other actssets out contexts in which violence isnt considered violent Takes the necessary coercion role of law punishment and discipline out of the hands of those directly affected wronged parties and vests it within ostensibly neutral institutionalized positions force confinement vs prison terms3Resolving disputes application of existing lawRestores order to an unbalanced or broken set of relationships expectations or claimsEstablish guilt fault responsibility or partiesOffers punishment or redress Provides a neutral framework for settling disputes Offers closureonce completed projects an expectation that things society should return to the way they were prior to the dispute4Redefine the relationships and rules as societies evolve adaptionThe law must shift as societal norms expectations and values change Must continually evolve and change along with society There is always tension between laws tendency towards conservatism maintaining the existing order and laws capability to stimulate support or reflect social change promoting a new social order
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