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What does non-physical violence primarily illustrate?

  • Harm can be inflicted through social and economic mechanisms. (correct)
  • Harm can only be inflicted through physical acts.
  • Non-physical violence is less impactful than physical violence.
  • Violence exists only in the context of conflict.

    • How is economic violence characterized?

  • As random acts of financial misconduct.
  • Through the absence of wealth distribution.
  • By planned misery and systemic barriers. (correct)
  • As a form of individual aggression.

    • What is the significance of cultural norms in understanding rights and freedoms?

  • They promote a singular view of freedom.
  • They are irrelevant to legal frameworks.
  • They universally define rights regardless of context.
  • They often limit rights to specific cultural contexts. (correct)

    • What role do normative systems play in societal harm?

    <p>They provide a basis for justifying harmful actions.</p> Signup and view all the answers

    What aspects are highlighted for future discussions regarding power structures?

    <p>The need to scrutinize capitalism, colonialism, and patriarchy.</p> Signup and view all the answers

    How does Marxist jurisprudence relate to legal inequalities?

    <p>It posits that economic structures underpin these inequalities.</p> Signup and view all the answers

    What does feminist legal theory aim to address?

    <p>Legal systems that assert male dominance.</p> Signup and view all the answers

    What concept does intersectionality recognize?

    <p>Multiple interlocking systems of oppression impact marginalized groups.</p> Signup and view all the answers

    What does intersectionality emphasize in the context of legal systems?

    <p>The interaction of various forms of oppression</p> Signup and view all the answers

    What aspect of legal frameworks does feminist legal theory critique?

    <p>The reflection of male interests</p> Signup and view all the answers

    How do cultural norms impact the concept of rights?

    <p>They dictate which rights individuals can claim</p> Signup and view all the answers

    What necessity does George highlight in the interplay between natural law and positive law?

    <p>Moral authority is essential for effective translation of laws.</p> Signup and view all the answers

    What is a limitation of liberal feminism in addressing gender inequality?

    <p>It often overlooks deeper systemic issues</p> Signup and view all the answers

    Which thinker argued for a common power to prevent chaos in society?

    <p>Hobbes</p> Signup and view all the answers

    What do historical struggles for women's rights illustrate about contemporary feminist movements?

    <p>There is a continuous need for advocacy against oppression</p> Signup and view all the answers

    What outcome do advocates of re-evaluating legal frameworks aim for?

    <p>To foster true equality and inclusiveness</p> Signup and view all the answers

    What concept does Hart and Kelsen's debate primarily focus on?

    <p>The nature and authority of law</p> Signup and view all the answers

    In what way does systemic violence manifest within legal and economic frameworks?

    <p>By embedding persistent barriers to social improvement</p> Signup and view all the answers

    According to early legal positivists, what is necessary to avoid societal chaos?

    <p>Societal rules and authority</p> Signup and view all the answers

    Which of the following statements reflects Bentham's view on law?

    <p>Law serves the public good and ensures stability.</p> Signup and view all the answers

    What vision does a new feminist jurisprudence advocate for?

    <p>To challenge both laws and underlying assumptions favoring certain voices</p> Signup and view all the answers

    What is a key aspect of the nature of law as discussed in the content?

    <p>Law is a complex system of rules considering social norms.</p> Signup and view all the answers

    Why do people generally obey laws, according to the key insights?

    <p>Due to fear of sanctions and societal pressures.</p> Signup and view all the answers

    Which historical event is noted for influencing modern legal landscapes?

    <p>The Great Reform Act</p> Signup and view all the answers

    What is the primary focus of the assignment regarding legal theories?

    <p>Promoting critical engagement to interpret legal issues.</p> Signup and view all the answers

    Which type of violence is characterized by institutional rules restricting opportunities?

    <p>Systemic violence</p> Signup and view all the answers

    How are rights and freedoms connected to societal structures?

    <p>They are influenced by specific social norms.</p> Signup and view all the answers

    What is a critical aspect of the upcoming topics related to law?

    <p>The interaction of law with power, colonialism, and patriarchy.</p> Signup and view all the answers

    Which of the following describes epistemic violence?

    <p>Degradation of individuals justified by normative systems.</p> Signup and view all the answers

    What complicates the concept of achieving true justice?

    <p>The various forms of violence affecting societal structures.</p> Signup and view all the answers

    Which type of violence demonstrates the degradation of individuals through societal norms?

    <p>Non-physical violence</p> Signup and view all the answers

    What does the discussion about marginalized voices within legal frameworks aim to highlight?

    <p>Ongoing inequalities that necessitate advocacy and reform.</p> Signup and view all the answers

    What does Legal Realism primarily emphasize?

    <p>Law’s effectiveness in society compared to theoretical ideals</p> Signup and view all the answers

    Which historical case is primarily associated with the use of eugenics in American law?

    <p>Buck v. Bell</p> Signup and view all the answers

    How did the Alberta Sterilization Act affect marginalized populations?

    <p>It enabled forced sterilizations</p> Signup and view all the answers

    Which figure is NOT associated with the development of legal thought?

    <p>Karl Marx</p> Signup and view all the answers

    What does statutory interpretation influence in the legal process?

    <p>The legislative intent and legal outcomes</p> Signup and view all the answers

    What criticism is associated with the disconnect between law as written and law as enacted?

    <p>Imbalance in justice and equity</p> Signup and view all the answers

    Which of the following reflects a philosophical approach to law in Legal Realism?

    <p>Historical context and societal needs</p> Signup and view all the answers

    What key theme is explored in the upcoming topic of 'Justice & Violence'?

    <p>The intersection of legal frameworks and societal violence</p> Signup and view all the answers

    What is a key distinction between Natural Law and Divine Law?

    <p>Natural Law is grounded in human reason, while Divine Law is based on religious teachings.</p> Signup and view all the answers

    What does the principle of Stare Decisis ensure in the legal system?

    <p>Consistency in court rulings by requiring lower courts to follow higher court decisions.</p> Signup and view all the answers

    What characterizes the legal system of Quebec?

    <p>It is a unique hybrid system governed by the Civil Code and human rights charter.</p> Signup and view all the answers

    How does Antigone reflect the tension between moral duty and legal obligation?

    <p>Antigone illustrates the struggle to balance familial loyalty against civic duty.</p> Signup and view all the answers

    What is a major implication of the reflective journaling prompts discussed?

    <p>They encourage critical thinking on the efficacy and purpose of legal systems.</p> Signup and view all the answers

    Which of the following best describes the challenges posed by contemporary legal issues like migration?

    <p>They highlight ongoing debates about the moral foundations of legal systems.</p> Signup and view all the answers

    What insight does Natural Law Theory provide regarding the nature of law?

    <p>True justice is founded on inherent moral principles beyond man-made law.</p> Signup and view all the answers

    What role do historical philosophers like Hegel and Socrates play in understanding law's implications?

    <p>They explore the relationship between law and morality.</p> Signup and view all the answers

    Study Notes

    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.

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