Untitled Quiz

Week 2 Summary

• The discussion examines Natural and Divine Law, the Canadian legal system (Common Law vs. Civil Law), and the moral implications of law.
• Key figures (Hegel, Socrates, Aristotle) highlight the tension between public duty and personal morality.
• Modern examples (migration, climate change) address contemporary legal issues.
• Reflective journals encourage critical thinking on the purpose and effectiveness of law.

Highlights

• Natural vs. Divine Law: Examines fundamental principles governing morality and justice.
• Common Law & Stare Decisis: Lower courts follow higher court rulings in a hierarchical structure.
• Civil Law in Quebec: A unique hybrid system combining Civil Code and human rights charters.
• Historical Philosophers (Antigone, Hegel, Socrates): Explore interplay between law and morality.
• Contemporary Legal Issues: Discusses challenges such as migration and climate crises.
• Reflective Journaling: Encourages deep thought on law's role in society.
• Legal Theories: Explores Natural Law Theory and its relevance today.

Key Insights

• The Nature of Law: Natural Law argues true justice stems from inherent moral principles, questioning whether legal mandates are just due to their legal sanction.
• Role of Precedent: Stare Decisis maintains legal consistency, fostering trust, but can also perpetuate outdated rulings.
• Cultural Context of Law: Quebec's hybrid system balances civil rights with historical traditions, highlighting the need for adaptability.

Week 3 Summary

• Early Legal Positivism explores law's foundations and authority (Hobbes, Bentham, Austin), emphasizing societal rules to avoid chaos.
• Key questions address law's nature, origins, and reasons for obedience.
• Legal theory evolution includes figures like Hart and Kelsen, shifting focus from command to systems of rules.
• The implications of morality in law remain a subject of debate.

Highlights

• What is Law?: Explores definitions beyond mere commands.
• Origins of Law: Discusses European Enlightenment's influence.
• Hobbes' Perspective: Advocates for a common power.
• Bentham's Utilitarianism: Law for public good, ensuring stability.
• Austin's Command Theory: Law as command backed by sanctions.
• Hart vs. Kelsen: A debate on law's nature and authority.
• Modern Implications: Highlights ongoing discussions in legal realism.

Key Insights

• The Nature of Law: Law is not just a command, but a complex system of rules considering social norms and contexts, challenging traditional views of legal authority.
• Authority and Legitimacy: For effective law, citizens must perceive it as legitimate and authoritative.

Week 4 Summary

• Dr. Anastasia Tataryn's lectures on Legal Realism explore law's nature, origins, and obedience, contrasting with ideal conceptions of law.
• Key historical cases (Buck v. Bell) illustrate law's implications on marginalized populations.
• Societal values and justice are critical questions raised by the discussion.

Highlights

• Legal Realism Defined: Examines law's practical application vs. theoretical ideals.
• Buck v. Bell: Highlights the troubling use of eugenics in American Law
• Eugenics in Canada: Discusses the Alberta Sterilization Act and its consequences.
• Historical Figures: Introduces Holmes, Pound, Llewellyn's contributions to legal thought.
• Interpretation of Law: Outlines different methods of statutory interpretation.
• Assignment Details: Students analyze articles using various legal approaches.
• Upcoming Topic: "Justice & Violence."

Key Insights

• Law's Practicality vs. Ideals: Legal Realism emphasizes law's function in society, often at odds with ethical standards. Examines the disconnect between written law and enacted law.
• This prompts reflection on justice and equity.

Week 5 Summary

• The text explores the interconnectedness of justice, violence (physical, economic, systemic, epistemic), and social norms.
• It references the radio documentary "The Brightest Licence Plate in Montreal".
• Various forms of violence & how institutional rules and societal norms contribute to injustice are discussed.

Highlights

• Justice and Power: The interrelationship between justice, violence, and social norms.
• Forms of Violence: Examples of physical, economic, systemic, and epistemic violence.
• Systemic Violence: Focuses on institutional rules unjustly restricting opportunities.
• Non-Physical Violence: Discusses how normative systems justify degradation of individuals.

Week 6 Summary

• This week discusses the interplay of law, power, capital, colonialism, and patriarchy, emphasizing how systemic and epistemic violence shape legal frameworks.
• Traditional legal theories are critiqued, and feminist perspectives are highlighted as essential for understanding the ongoing struggles against oppression.
• Emphasis on political responsibility alongside legal reform is underscored.

Highlights

• Systemic Violence: Institutional rules maintain unjust restrictions on victims.
• Epistemic Violence: Cultural norms define 'free' and 'legal' individuals.
• Marxist Jurisprudence: Economic structures underpin legal inequalities.
• Patriarchal Law: Legal systems often reinforce male dominance.
• Feminist Legal Theory: Challenges traditional views and promotes gender equality.
• Intersectionality: Recognizes multiple overlapping oppression.
• Ongoing Struggles: Violence against women persists, highlighting the need for reform.

Key Insights

• Systemic Violence: Institutional rules perpetuate oppression.
• Cultural Norms and Rights: Rights are often framed within specific cultural and social contexts.
• Economic Basis of Law: Economic power shapes legal frameworks, leading to a gap between ideals and reality.

Week 7 Summary

• The script examines the intersection of law, power, capitalism, colonialism, and patriarchy.
• It emphasizes systemic and epistemic violence against marginalized groups.
• Traditional legal theories are critiqued through feminist, Marxist, and critical race perspectives.
• Historical and cultural constructs of rights and freedoms are highlighted along with struggles for women's rights and representation.

Highlights

• Systemic Violence: How legal and economic conditions affect citizens.
• Epistemic Violence: How norms define 'freedom' and rights.
• Feminist Critiques: Historical and contemporary feminist challenges to patriarchal legal structures.
• Intersectionality: Importance of recognizing overlapping oppressions.
• Historical Context: Connections between past struggles (e.g., suffrage) and current feminist movements.

Key Insights

• The Nature of Systemic Violence: Persistent legal and economic barriers hinder social improvement and perpetuate inequalities.
• Cultural Norms and Rights: Rights are not universal, but rooted in culture and existing economic frameworks.
• Feminist Legal Theory: Feminist critiques reveal how legal systems serve male interests.
• Intersectionality: Understanding how race, gender, and class intersect to shape experiences within the legal system.
• Historical Struggles: Demonstrates ongoing oppression and the need for sustained advocacy.
• Limitations of Liberal Feminism: Points out the need for more radical approaches.
• The Future of Feminist Jurisprudence: Challenges assumptions and structures that privilege certain voices.