CRIM 338 Study Guide - Spring 2019, Comprehensive Final Exam Notes - Legal Positivism, Positivism, Natural Law

91 views84 pages
CRIM 338
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 84 pages and 3 million more documents.

Already have an account? Log in
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 84 pages and 3 million more documents.

Already have an account? Log in
CRIM 338 - Lecture 1 - Introduction
Introduction
Not course on substantive law
Interested in question
What is the thing called law?”
Prof Info
Iryna Ponomarenko
iponomar@sfu.ca
Direction of Course
Classical legal theories
Introductory lecture
Classical legal positivism
Modern legal positivism
Hart v Fuller Debate & classical natural law theory
Modern natural law theory & Hart v Devlin debate
Modern legal theories
Dworkin’s Interpretivism
Legal realism
Critical legal theory
Regina v Dudley & Stephens (1884)
Had almost no food & suddenly no fresh water
By now, cabin boy, Parker, is lying in corner of lifeboard, very sick due to drinking
sea water & appears to be dying
On 19th day, Dudley, the captain, suggests that crew draws laws deciding who would
sacrifice themselves to save the others
Brooks refuses, but it is unknown why
Captain approaches Stephens saying that boy has to be killed
Stephens offers prayer & kills boy, consume roughly half of the boy
Dudley & Stephens admit they killed the boy, but say that they had to do so in order to
survive
“No Vehicles in the Park”
E.g. Stanley Park w/ sign saying “no vehicles in the park”
If not motorized, may be allowed in park
Due to power & speed behind vehicle
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 84 pages and 3 million more documents.

Already have an account? Log in
If large garbage trucks/service vehicles allowed in, may not appear to be an issue but
people may think “if they can do it, why can’t I?”
Important - depends on assumptions we make
E.g. if we think purpose for law was to preserve ecological balance of park, we
will get one answer, if we think it is to allow ppl to enjoy park more, answer will be
diff
Law is open-ended
3 Major Methods in Normative Ethics (“What’s the Right Thing to Do?”)
Consequentialist reasoning
Goodness of action can be determined by consequences of action
Evaluate likely consequences of each possible action
Categorical/deontological reasoning (fixed rules)
You can/can’t/must/mustn’t do X, Y & Z
Virtue ethics (virtues)
Ethical behaviour depends on virtue that one’s character embodies
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 84 pages and 3 million more documents.

Already have an account? Log in

Get OneClass Grade+

Unlimited access to all notes and study guides.

Grade+All Inclusive
$10 USD/m
You will be charged $120 USD upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.