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Study Guide

CRIM 335- Midterm Exam Guide - Comprehensive Notes for the exam ( 18 pages long!)
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18 Pages
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Fall 2017

Department
Criminology
Course Code
CRIM 335
Professor
Tamara O' Doherty
Study Guide
Midterm

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SFU
CRIM 335
MIDTERM EXAM
STUDY GUIDE
LECTURE 2: CRITICAL VIEWS OF
FUNDAMENTAL RIGHTS & LEGISLATIVE
HISTORY OF HUMAN RIGHTS LAW IN
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 oneclass.com
find more resources at oneclass.com
-nation-states emerging, secularism rising
Resistance to the Church as the source of law
-social contract and consent theories heavily influence thinking:
Tries to explain why individuals would submit to the authority of a nation state
Law and government became necessary as a means of promoting order and personal
security. For citizens to preserve their own lives, they must give absolute and
unconditional obedience to the law
Social contract theory
-John Locke (1632-1704)
-people renounce freedom and submit to the social contract, giving up part of their liberty to
the sovereign. The purpose of government: protection of human entitlements
-we either expressly or tacitly consent to being ruled by the sovereign of a territory. Citizens put
their trust in their sovereign. A ruler who betrays this trust must be overthrown
-Rousseau refines the concept to assert that there is a need for representative democracy, but
with direct citizen participation
-law is the register of the general will. Government can only be tolerated so long as it accurately
reflects the general will
Concept of democracy is born
Emergence of positivism
-critical of natural law concept as lacking scientific basis and based on concepts of morality
rather than evidence and the will of people/government
-law should be restricted to the codified form, not based in existential ideas. A valid law is a law
appropriately enacted by a government
-a command of the sovereign backed by a sanction
-fundamental rights or liberties are a fiction
-positivism is stable, clear, and predictable.
Coept of la ad ode
Questions
-are there any problems that you can envision with positive law in the context of international
law?
How to represent diverse countries and their legal institutions
Difficult to enforce codified international laws
Acceptance of international laws
How we define international law
Who to apply international laws to
-what does this perspective say about the underlying ideas of human rights and civil liberties
Critiques of positivism
-1920s 1930s witnessed the rise of fascist and Nazi dictatorships, accompanied by the spread
of totalitarianism, genocide, and maltreatment of minorities
find more resources at oneclass.com
find more resources at oneclass.com

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Description
[CRIM 335] Comprehensive fall guide including any lecture notes, textbook notes and exam guides.find more resources at oneclass.com 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 oneclass.com
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