LWSO 2000 Key Terms.docx

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Department
Law and Society
Course
LWSO 2000
Professor
Robynn Arnold
Semester
Summer

Description
Key Terms, Acts and Definitions Dan Kalbhenn, Lambert. A LWSO 2000 April/15/13 Grade: 88 % [The following is a compendium of read material, class lecture and personal opinion. Those who use these notes should do so with caution, as the following might stray from core course discussion and concepts.] Integrity: A virtue which makes judges responsible to history as well as justice. Legal Reason: Describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. Relevant Similarity: The ability to sort objects based on characteristics which are similar and relevant to the question being asked or answered. Holding[HELD]: The rule of law by which the outcome of a case was determined. Civil Cases [Tort]: Involve individuals and organizations seeking to resolve legal disputes. In a civil case the victim brings the suit. Persons found liable pay recompense with property or monetary assets, such cases do not result in incarceration. Criminal Cases: Involves prosecution by the Crown of a person charged in violation with the Criminal Code of Canada. Persons found guilty in criminal cases are susceptible to a fine, incarceration, or both. Crime: Any act or omission (of an act) in violation of a public law forbidding or commanding it. John Howard Society: Provides practical help to ex-prisoners with housing, clothing and employment. John Howard was a great prison reformer who lived from 1726-1790 and the current John Howard society commemorates his legacy of prison reform and carries on his work with a much broader scope. Common Law: A form of judicial process formed in England formed over the length of history by act of precedent. Common law is the most prevalent system in Canada, with the French civil system being the lesser. Common law relies on stare decisis or the rule of precedent in which judges respect rulings of previous cases in their own arbitration. John Howard Society: Provides practical help to ex-prisoners with housing, clothing and employment. John Howard was a great prison reformer who lived from 1726-1790 and the current John Howard society commemorates his legacy of prison reform and carries on his work with a much broader scope. Rights: are legal remedies or entitlements which protect certain vital fundamental interests. It should be known that such rights are not guaranteed within the Canadian system, as section 31 of the Canadian Charter of Rights and Freedoms confirms the documents powers do not surpass the legislature. Publics: legal and cultural spaces where the strengths and weaknesses of liberal democracy are examined, analyzed and the impetus for cultural and legal interventions are realized. The will of the public requires the power of mobilization. Genealogy of Knowledge: Tracing the history and development of discourse. Power-Knowledge: Term describing how language is used to construct ways of thinking and speaking whereby dominant interests become normalized through taken for granted ways of seeing the world. Psychoanalytic Jurisprudence: A field of study which provides an alternative way of reading legal speech…and legal representations, as well as a means to analyze the place of the subject in legal knowledge and the place of legal knowledge within the subject.
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