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Study Guide

CRIM 335- Midterm Exam Guide - Comprehensive Notes for the exam ( 18 pages long!)

18 Pages

Course Code
CRIM 335
Tamara O' Doherty

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[CRIM 335] Comprehensive fall guide including any lecture notes, textbook notes and exam guides.find more resources at LECTURE2:CRITICALVIEWSOF FUNDAMENTAL RIGHTS&LEGISLATIVE HISTORYOFHUMAN RIGHTSLAWIN CANADA Philosophical foundations -natural law is the foundation of most human rights and civil liberties concepts • Traced back to ancient Greek philosophers (Plato, Aristotle), Roman legal scholars (Cicero, Justinian) and then into Christian theology (Aquinas -natural justice as distinct from legal justice • Natural law is everywhere, transcends time and place • Positive law is created by people, conventions and traditions, unique to place and even time o ▯▯e ought to take ▯a▯e of ▯hild▯e▯, to ▯ot steal, to ▯ot ▯o▯▯it ▯u▯de▯…▯ Universal law -if natural law is everywhere, transcending time/place, then it must apply universally • coincides with rise of imperialism and as justification for colonization o differential standards of applications and enforcement o la▯▯ake▯s thought it ▯as justified ▯e▯ause it ▯as thei▯ ▯dut▯▯ -universal standards of behavior imposed on all cultures form a Western (European) perspective • what else does universalism enable? o we are all humans so we are all entitled to certain rights o ▯a▯ supp▯ess ▯i▯o▯ities i▯ a ▯justified ▯a▯▯ • what are the limitations of universalism? • Foreshadowing for the Universal Declaration of Human Rights o Various conceptions of what human rights are and where it should be included Theology as a basis? -after the Roman period, philosophy is curtailed sharply • Imposition of oppressive religious fundamentalism and rejection of individual thought -law comes from God – the Roman Catholic church is the interpreter of law and morality • Church and state are one, therefore concepts of morality are infused into legal systems • Idea emerges that law is a reflection of morality (Christian form) Renaissance liberty and free will -resurgence of critical thought, artistic expression and resistance to oppression find more resources at
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