POLS 2350 Study Guide - Final Guide: Statutory Interpretation, False Imprisonment, Liquor License
5 Dec 2017
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Document Summary
Public law constitutional, crime, administrative, taxation law. Private law tort, property, family, estate, corporate law. A complex concert that is nested in socio-political reality and interacts with individual behaviour and collective customs/traditions. Natural law nobody is above the law, religious connotations, fairness, due process, listen to all sides involved, no one should be the judge in his own case. Positivists law is independent of morality and consists of enactments by the sovereign. Natural law an unjust law is no law at all. Statues legit law-making institutions, formal products of legislative process, criminal code, emergencies act, income tax act, federal/provincial. Common law laws develop over time through individual decisions (precedent) Case law is controlled by stare decisis (precedent) and judicial hierarchy. Legal reasoning deductively applying, principles in code to dispute before the court. Legal reasoning law masquerades other social forces (economic, gender, race) Artificial reasoning navigating the levels of the abstraction to find agreement.
