Textbook Notes (363,264)
Canada (158,281)
York University (12,359)
SOSC 1350 (51)

Law from a Feminist Perspective

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York University
Social Science
SOSC 1350
Julie Dowsett

THE LAW FROM A FEMINIST PERSPECTIVE Legal thinking is based upon… the concept of an independent, decontextualized self [which] functions to suppress our acknowledgement of the profound differences between individuals based on their situation within groups and the profound differences between groups. —Sherene Razack 1.Origins of Canadian Law a.British common law system - Governing of roles - Based on history and social roles - Order, how they structure societies (right and wrong) - Moral restrictions - Set of roles that are written down  Common law & civil law (civil law is more dominant)  Common law is English, developed by the English in the middle ages - Still used in the UL, Ireland, US, India, Pakistan, Sri Lanka, Hong Kong, Australia, Singapore b.French civil law system - Developed in Roman Empire - Spread through colonizing and empiricism - More spread than common law - Most of Africa, and Asia but choose to adopt civil law nowadays - France embodies the civil law system - Canada mostly common law, but Quebec mixed common and civil law c. differences between common and civil law - common law developed by customs, began before written laws, customs were applied by court  Common law: custom, written law, judicial precedent  Civil law codes: Corpus Juris, Civilis, Napoleonic Code, Civil code of Quebec - Predictability is important  Civil law predictability code  Common law predictability has no code 2.Sources of Canadian Law a. statute law (from legislature) - Two basic ways: (that law is made in Canada) • Politicians • Judges i. levels of government in Canada - House of commons, Provincial, Federal and Municipal - All laws must be approved by elected senators and the Queen/Governor General  Federal – MPs, Senators, Queen/Governor General (usually just MPs that approve laws)  Provincial – MPPs, MLAs, Lieu tent General (usually just MPPs, MLAs that approve laws)  Municipal -- Councilors ii.question of Aboriginal self-government - Doesn’t exist b. case law (judge-made) - Doesn’t make law,
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