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Canada (158,372)
Sociology (1,110)
SOC 3730 (43)
Chapter 1

courts- chapter 1

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University of Guelph
SOC 3730
Sarah Ciotti

Courts and Society Chapter 1 Introduction to Canadian Courts Politics o Who gets what when and how making decisions that distribute resources money creating rules how authoritative decisions are made the authoritarian allocation of valueso 2 interrelated subjectsy The decision making processy The outcomes of the decision making processo Public policy a course of action or inaction chosen by public authorities to address a given problem or interrelated set of problemsLawo Positivist view of law has 4 characteristics1 Law is a body of rules distinct from customs and conventions2 These rules are enacted and applied by public officials and government actors3 Rules must be enacted in a legitimate manner developed by specific procedure by government actors4 Law is backed by the force of the statepenaltiespunishmento Contemporary natural law theorists argue that a legal system with the above characteristics would also need to abide by procedures of justice and fairness in order to be legitimate This is called the rule of lawo The rule of law a body of rules enacted and applied by public officials in a legitimate manner and backed by the force of state when every person is equal under the law Must be applied by fair and impartial judges Categories of Law International and Domestico International rules that govern relationships and disputes between states or between people businesses and organizations in more than one statey Come from accepted customs and agreements ex NAFTAy Difficult to deduce and enforcePrivate vs PublicPublico Constitutional lawdefines the type of government system the functioning of the government governs relationships between citizens or groups and state including rights and freedoms also outlines the powers of the governmentso Criminal law rules that define what is criminal penalties investigation and trial procedures
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