ENH 121 Study Guide - Fall 2019, Comprehensive Final Exam Notes - Public Health, Criminal Law, Human Rights

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ENH 121
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1
Sept 2019
ENH121 Unit 1 Introduction Handout Notes
Unit 1 -- Objectives:
appreciate “law” as a distinct endeavour and subject matter
be able to show how “law” is a form of “social control”
point out the differences and similarities between “law” and other forms of “social
control”
be able to give a definition and description of “law
understand what we mean by a “legal system”
be able to describe the roles of the various participants in our legal system
show the significance of the concept of “the rule of law
be able to describe the role of the legal profession
understand the connections between law and perspectives that shape and interpret the
law
be able to describe the main features of a “natural law” approach to a moral perspective
on the law
be able to describe the main features of a “Kantian” approach to a moral perspective on
the law
be able to describe the main features of a “utilitarian” approach to a moral perspective
on the law
show how cost benefit analysis is a form of utilitarianism
be able to describe the “forms of justice”
give examples of types of law that correlate with the forms of justice
understand microeconomic perspective of markets
be able to show how an economic perspective can be used to shape the law
be able to describe how politics influences the formation of the law, particularly with
regard to the effect of interest groups
appreciate the difference between a prescriptive and a descriptive approach to law
be able to discuss the how science and law interact in “science policy disputes”
What is Law?
Law is about certain Social Phenomena
Murder, rape, divorce, cheating, trespass, nuisance
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2
Law involves certain Participants
Plaintiffs, defendants, lawyers, judges, politicians, bureaucrats, lobby groups, Law Reform
Commissions, legal philosophers
Law physically consists of Legal Materials
Cases, Acts, regulations, guidelines, policy documents, treaties, tickets, Constitutions, Bills of
Rights, orders, decisions, notices
Law consists of Legal Concepts
Rights, duties, freedoms, rules, principles, powers, jurisdiction
Law consists of Legal Theories
Positive (descriptive) versus Normative (prescriptive), Moral theories of law, Political theories of
law, Kantian, Natural Law, Utilitarian, Marxist, Feminist.
How is Law Different from other Forms of Social Control?
Manners
Don't pick your nose at dinner.
Don't borrow others things without asking.
Religion
Love your neighbour as yourself.
Don't work on certain days.
Don't eat certain foods.
Secular Morality
Promote happiness over unhappiness
Respect the dignity and worth of persons
Do unto others as you would have them do unto you.
Custom
When you catch food, share it with others in the village.
When you enter the class, sit down facing the front.
Politics
Go along with the consensus of the group.
Do what the leader says.
"Need" is measured by the intensity of lobbying.
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