SOSC 2350 Study Guide - Negative And Positive Rights, Ageism

• School: York University
• Department: Social Science
• Course: SOSC 2350
• Professor: Dena Demos

Document Summary

The practical approach to problems and affairs itself can be referred to as pragmatism. On the contrary, charter pragmatism is defined as the critical analysis of the charter"s static nature and how well it can work to ensure change and obtain equality in gender rights. It is important to recognize that the charter"s shift in change from the socio- political arena to the judicial arena has been criticized both by left-wing and right-wing members. One primary concern about this shift of power was that the courts were seen as undemocratic due to the leaving of decisions to unelected judges who were largely unaccountable. As a result, judges displayed no concern about people understanding the law hence, this critique of the charter is seen as undemocratic. Another general pitfall is that the charter is infused with formal equality in the sense that rights are symmetrical meaning they have no substantive content causing an indeterminancy of rights which is problematic.