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Study Guide

CRI205H1- Final Exam Guide - Comprehensive Notes for the exam ( 140 pages long!)
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140 Pages
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Fall 2017

Department
Centre for Criminology and Sociolegal Studies
Course Code
CRI205H1
Professor
O'rake
Study Guide
Final

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UTSG
CRI205H1
Final EXAM
STUDY GUIDE
Lecture 1 The Constitution !
Lecture !
Opening discussion!
Question: what makes the law and the actions of government
‘legitimate’?
- The law legitimacy - HOW DO WE KNOW THAT THE LAW IS
LEGIT?
◦ ○ "Every decision is grounded by a principle on how the law
ought to function and the purpose of it
◦ ○ "Understanding what is being asked of you, and how the
decision was made
◦ ○ "It gives us a sense of the laws purpose, and an
opportunity to judge the law
◦ ○ "Law = social practice - NOT MECHANICAL
◦ ○ "Conservative force by nature
◦ ○ "Changes through review and critique
- Positive Response:
- The law exists if it exists
- Its codified, implemented, and generally observant !
What about the content of law and the limits of its creation and
enforcement? !
Functional or Foundational response
- The law loses its ‘functionality’ if it departs from the
requirements of what makes law law (we will see this again as we
exa mine !
S.7 and the Principles of Fundamental Justice.)
- Hobbes and John Stuart Mill --- the law receives its authority
from the self-interests from those that it governs
- Law is a tool to ensure that people keep their promises -- we
create a third party called the law and it has punishment and the !
reason we authorize it is for ORDER
- We do not live in a society full of friends or family, its all about
strangers
- We agree on the development of law and the modern state
- LAW IS A COMMAND, TELLS U WHAT TO DO AND WHAT
NOT TO DO
find more resources at oneclass.com
find more resources at oneclass.com
- PERSERVE NEGATIVE liberty, which is your liberty to do
whatever, as long as it doesn’t hurt others
- Law is a system of rules that subjects our behavior to notable
standards
- if it stabilization of expectations
- Private individuals vs the privatization of our state
- What about the contents of law and its enforcement?
◦ ○ "Law cant just be a command, it has to be something more
◦ ○ "How can law lose its functionality ?
What do all laws need?
It must be knowable/well promulgated - know what is expected of you It
cannot be retro-active
It must be consistent and fair in its application
It cannot be made in secret
It cannot be altered too frequently
- Those are all ‘good ‘requirements. But the law’s legitimacy requires
more ..... criminal law Page 24
Law can only function -
- Those are all ‘good ‘requirements. But the law’s legitimacy
requires more .....
- The question of the legitimacy of law is not just a procedural
one, it is also a substantive one that, for our purposes, can only be !
addressed within the philosophical framework of a liberal-
democracy ......
- So. Law cannot solely be a ‘command’ that requires ‘obligation.’
Moreover, that command must be more than the legislative wil l !
of a majority.
- The law’s legitimacy requires more than the threat of
punishment on behalf of a majority.
- It requires, in an ideal sense, ‘reasons’ for its existence,
‘reasons’ for our obligation and ‘reasons’ for the activities of its
agents of !
enforcement.
- In the context of a liberal democracy should show participation
and the will of the people
- Also show liberty - the most amount of liberty compactable with
the liberty of others
find more resources at oneclass.com
find more resources at oneclass.com

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Description
[CRI205H1] Comprehensive fall guide including any lecture notes, textbook notes and exam guides.find more resources at oneclass.com Lecture 1 The Constitution 
 Lecture 
 Opening discussion
 Question: what makes the law and the actions of government ‘legitimate’? • - The law legitimacy - HOW DO WE KNOW THAT THE LAW IS LEGIT? ◦ ○  Every decision is grounded by a principle on how the law ought to function and the purpose of it ◦ ○  Understanding what is being asked of you, and how the decision was made ◦ ○  It gives us a sense of the laws purpose, and an opportunity to judge the law ◦ ○  Law = social practice - NOT MECHANICAL ◦ ○  Conservative force by nature ◦ ○  Changes through review and critique • - Positive Response: • - The law exists if it exists • - Its codified, implemented, and generally observant 
 What about the content of law and the limits of its creation and enforcement? 
 Functional or Foundational response • - The law loses its ‘functionality’ if it departs from the requirements of what makes law law (we will see this again as we exa mine 
 S.7 and the Principles of Fundamental Justice.) • - Hobbes and John Stuart Mill --- the law receives its authority from the self-interests from those that it governs • - Law is a tool to ensure that people keep their promises -- we create a third party called the law and it has punishment and the 
 reason we authorize it is for ORDER • - We do not live in a society full of friends or family, its all about strangers • - We agree on the development of law and the modern state • - LAW IS A COMMAND, TELLS U WHAT TO DO AND WHAT NOT TO DO find more resources at oneclass.com
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