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Law & Society - Exam Review

12 Pages

Social Science
Course Code
SOSC 1375
Olena Kobzar

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SOSC 1375 INTRO TO SOCIO-LEGAL STUDIES MIDTERM REVIEW LECTURE #1rd WHAT IS LAW? An Intro. January 3 , 2012 What is Socio-Legal Studies? It is NOT the study of law, not in the way one would study law in law schools in Canada 6 Elements of Valid Legal Contract: 1. Intention to create a legal relationship - must be 2 parties indicating they intend to enter into a contractual relationship 2.An offer - must be communicated 3.An acceptance - action must be taken indicating acceptance of offer 4.Consideration - there must be something that is offered and accepted 5.Capacity to contract - one has to be legally capable of contracting 6.Legality - agreements that offend the public good are unenforceable because the subject matter of the agreement is illegal Ex. Broken engagement: a promise was made, exchange/ acceptance of the ring She breached the "contract", hes able to sue her Certain social assumptions about marriage, and of the partners of a marriage: must have changed for the "heart balm" law suits to have disappeared - Socio-legal studies are interested in the relationship of law to society, both in the sense of how social norms/ values underlie existing law Law and Morality: - The separation thesis the separation of law and morality; defines legal positivism - Criminal justice norms of approval and disapproval Natural Law Theory: the belief that justice is central to law Legal Positivism: the anti-thesis to natural law still in dominance - Justice is not central to law - It is determined/ influenced by its social aspects (ex. gov) LECTURE #2 LAW & EVERYDAY LIFE: LEGAL CONSCIOUSNESS AND LAW AS NARRATIVE January 10 , 2012 Symbolism of Lady Justice: What does the sword symbolize? - Punishment - Power of the state, backed up by physical violence - only the state have the power The scale? - A balance The blindfold? - Not being able to see any biases (ex. race, colour, age, etc.) Why a woman? - She is a Greek Goddess of Wisdom Is law and justice the same thing? Justice and law might coincide But it might not, ex. crimes of necessity - Ex. mother stealing grocery to feed her kids - what is the right thing to do? What is the separation from law and justice? Moral Ambiguities and the Law Is there always one Just answer in a legal dispute? - Yes, there must only be one answer - must ask narrow/ specific questions Structure of Canadas Court System: Supreme Court hears very little cases they choose which cases to hear - The case has to have meaning to the entire country, or to many of the provinces The Unified System A pyramid: Supreme Court (top), Appeal Court, Provincial CourtCANADIAN LAW .--------------------'---------------------. | | Substantive Law Procedural Law (Statute Law and (Rules) Case Law) | .-----------------------------------------. | | Public Law Private or Civil Law | | .----------------------------. | | | | | Criminal Constitutional Administrative | Law Law Law | | .---------------------------------------. | | | | | Family Contract Tort Property Labour Law Law Law Law Law Substantive Law - consists of all laws that set out the rights and obligations of persons. Procedural Law - outlines the steps and procedures involved in protecting and enforcing the rights given under Substantive Law, i.e. the rules of court, etc. Only rules, not laws
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