Society, Law, and Politics Overview
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Questions and Answers

What are some of the key principles associated with the Rule of Law?

  • Accountability, Just Law, Open Government, Accessible and Impartial Justice
  • Equality Before the Law, Checks and Balances on the Use of Power, Rights of the Accused and Victims
  • Presumption of Innocence, Independence of the Judiciary, Freedom of Speech
  • Access to Justice, Knowing the Law, Environmental Protection
  • All of the above (correct)

Match the following types of justice with their corresponding focus.

Distributive Justice = Equal distribution of resources Restorative Justice = Repairing harm through inclusive and cooperative processes Legal Realism = Practical application and effects of law in society

What is the term 'justicia' derived from?

  • German
  • French
  • Greek
  • Latin (correct)

What are the three main categories of power in Politics?

<p>Ideological, Structural, Instrumental (D)</p> Signup and view all the answers

The 'Rule of Law' is a principle that dictates that everyone in a society should be treated equally and impartially.

<p>True (A)</p> Signup and view all the answers

What is the difference between formal institutions and informal institutions?

<p>Formal institutions have legal consequences for breaking rules, while informal institutions guide behavior through unwritten rules; formal examples include universities and the legal system, and informal examples include society and culture.</p> Signup and view all the answers

What is the purpose of Restorative Justice?

<p>Restorative Justice aims to repair harm caused by criminal behavior by involving victims, offenders, and the community in collaborative processes, focusing on healing and restoring relationships rather than solely punishment.</p> Signup and view all the answers

Which of these concepts is NOT a key element of Natural Law Theory?

<p>Legal Positivism (D)</p> Signup and view all the answers

Legal Positivism argues that laws are valid if they are created by the sovereign state.

<p>True (A)</p> Signup and view all the answers

Legal Realism suggests that law is unaffected by social, political, and economic factors.

<p>False (B)</p> Signup and view all the answers

How do legal realists challenge the traditional view of law?

<p>Legal realists argue that law is not merely a set of formal rules, but is influenced by social, political, and economic factors, leading to outcomes that go beyond the written text of the law.</p> Signup and view all the answers

What is the main idea of the Marxist perspective on law?

<p>Marxists generally view law as a tool of the ruling class to uphold their economic interests, with a focus on the control of the proletariat.</p> Signup and view all the answers

Which of these is NOT a core focus of Feminist legal theory?

<p>Addressing the needs of the working class (A)</p> Signup and view all the answers

What are the two primary types of claims used in legal arguments?

<p>The two primary types of legal claims are normative claims, which are based on subjective beliefs and values, and empirical claims, which are based on evidence.</p> Signup and view all the answers

Natural Law theorists tend to agree with physician-assisted death as a moral concept.

<p>False (B)</p> Signup and view all the answers

Legal positivists would argue that a law is valid despite morality if the proper legal process is followed.

<p>True (A)</p> Signup and view all the answers

A legal realist would consider the potential economic impact of a law when assessing it.

<p>True (A)</p> Signup and view all the answers

What is the main focus of the Critical Legal Theorist when analyzing a law?

<p>The Critical Legal Theorist analyzes the power dynamics, assumptions, and underlying justifications behind a law, often questioning its fairness and challenging its legitimacy within the larger social and economic context.</p> Signup and view all the answers

How does the 'Crown Split' impact Canada's legal system?

<p>The Crown Split, a result of the Constitution Act, 1982, established Canada's independence in legal matters, giving Canada responsibility for its own constitution.</p> Signup and view all the answers

The Constitution Act, 1982, is referred to as the 'legal basis of Canada.

<p>False (B)</p> Signup and view all the answers

The Canadian Charter of Rights and Freedoms is a fundamental document that allows for amendments to certain parts of the Constitution through a specific formula.

<p>True (A)</p> Signup and view all the answers

Which of these is NOT one of the main functions of the Canadian Courts?

<p>Establishing social policy (C)</p> Signup and view all the answers

What does 'Horizontal Diffusion' refer to in terms of the balance of power?

<p>The distribution of power across the executive, legislative, and judicial branches. (D)</p> Signup and view all the answers

Unitarism is a system in which the governing power is concentrated in a central authority.

<p>True (A)</p> Signup and view all the answers

Asymmetrical decentralization refers to a system with equal distribution of powers across all regions.

<p>False (B)</p> Signup and view all the answers

What is the purpose of the 'Notwithstanding Clause' (Section 33) in the Canadian Charter of Rights and Freedoms?

<p>The Notwithstanding Clause allows provincial or federal governments to temporarily override certain rights and freedoms guaranteed by the Charter, but it can only be used for a limited time.</p> Signup and view all the answers

Explain the difference between the Meech Lake Accord and the Charlottetown Accord.

<p>Both agreements aimed to address Quebec's concerns regarding its place within Canada, but the Charlottetown Accord broadened the scope by including indigenous perspectives and issues of diversity, making it more comprehensive. However, both ultimately failed to be implemented.</p> Signup and view all the answers

What are the three main types of torts?

<p>The three main types of torts are intentional torts, which result from intentional harm, negligence, which involves failure to meet a standard of care, and strict liability, where liability exists regardless of intent or fault.</p> Signup and view all the answers

Which of these is NOT a valid defense in Intentional Tort Law?

<p>Contributory Negligence (C)</p> Signup and view all the answers

The 'standard of care' in negligence law refers to the level of care a reasonable person would apply in a specific context.

<p>True (A)</p> Signup and view all the answers

Causation in tort law focuses on proving a direct link between the defendant's actions and the plaintiff's injuries.

<p>True (A)</p> Signup and view all the answers

Remoteness in tort law is used to determine if the injuries sustained are too far removed from the initial act of negligence.

<p>True (A)</p> Signup and view all the answers

What is the main difference between Contributory Negligence and Voluntary Assumption of Risk?

<p>Contributory negligence occurs when the injured party's actions partially contribute to their injuries, while Voluntary Assumption of Risk involves voluntarily engaging in an activity with inherent risks, knowing those risks.</p> Signup and view all the answers

Punitive damages are intended to compensate the injured party for their losses.

<p>False (B)</p> Signup and view all the answers

Administrative law is primarily concerned with the relationship between the government and the public.

<p>True (A)</p> Signup and view all the answers

Administrative bodies have the power to make decisions independently from any legislative restrictions.

<p>False (B)</p> Signup and view all the answers

Delegation in administrative law involves transferring powers or duties from elected officials to administrative bodies.

<p>True (A)</p> Signup and view all the answers

Judicial review allows administrative decisions to be reviewed by courts to determine if those decisions are in accordance with legislation and constitutional principles.

<p>True (A)</p> Signup and view all the answers

What does 'ultra vires' mean in the context of judicial review of administrative decisions?

<p>Beyond the scope of authority (D)</p> Signup and view all the answers

What is 'Balance of Power' in the context of International Society?

<p>Balance of Power is a concept that describes the tendency of states to balance their power and influence internally or externally to prevent any one state from becoming too dominant.</p> Signup and view all the answers

Power imbalances in International Society are primarily caused by differences in economic capabilities.

<p>False (B)</p> Signup and view all the answers

International Civil Society includes the United Nations.

<p>False (B)</p> Signup and view all the answers

What are the two main ways in which states attempt to balance power in the post-WWII era?

<p>The two main ways states seek to balance power are through economic interconnectedness, such as trade agreements, and through nuclear weapons and the concept of mutually assured destruction.</p> Signup and view all the answers

The United Nations is a supranational organization, able to dictate policies to member states.

<p>False (B)</p> Signup and view all the answers

What are the three key principles enshrined in the UN Charter?

<p>The three key principles are the legal sovereign equality of states, the prohibition on the use of force except for self-defense, and respect for human rights.</p> Signup and view all the answers

The UN can use force to enforce its resolutions.

<p>False (B)</p> Signup and view all the answers

What are the two main categories of international law?

<p>The two main categories of international law are Customary International Law, which is based on widely recognized and accepted practices, and Hard Law, which is formally codified and legally binding.</p> Signup and view all the answers

The concept of 'Universality' in international law means that all states are subject to the same legal principles.

<p>False (B)</p> Signup and view all the answers

The principle of 'Territoriality' in international law means that a state has jurisdiction over all its territory, including its land, air space, and territorial sea.

<p>True (A)</p> Signup and view all the answers

Concurrent jurisdiction refers to situations where multiple states have jurisdiction over a specific issue.

<p>True (A)</p> Signup and view all the answers

Multilateral enforcement in international law involves a single state taking action against another state.

<p>False (B)</p> Signup and view all the answers

Flashcards

Society

An ordered system of relationships and patterned behaviour, including institutions.

Institutions

Structures that guide human behaviour, formal with legal consequences, or informal through unwritten rules.

Organizations

Groups of people working together towards a common goal, a type of institution.

Law

A system of rules and regulations governing society, including formal rules, politics, individual/collective interests, order, and limiting power.

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Politics

The practice of power relations and processes.

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Law vs Politics

Law and politics influence each other; law can be used to shape political power and politics involved in lawmaking.

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Justice

Fairness, equality, legal rights, and punishment of legal wrongs. It includes distributive and restorative justice.

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Distributive Justice

Fair distribution of resources; social security and progressive taxation are examples.

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Restorative Justice

Repairing harm from criminal behavior involving victims, offenders and the community, aiming to restore relationships and reintegrate offenders.

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Natural Law

A theory of universal and absolute law based on morality

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Positivism

A theory focusing on man-made laws, where law's validity comes from the sovereign state. Focuses on what is law, not what should be law.

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Legal Realism

A theory viewing law as intertwined with social, economic, and political factors; focuses on how laws are applied, not just written on paper.

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Marxism

A theory viewing law as an instrument of the capitalist class to maintain power over the proletariat.

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Critical Legal Studies

A theory critiquing law's underlying assumptions, purposes, and rationale, focusing on power embedded in legal systems.

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Feminism

Analyzing law from a gendered perspective to identify and challenge the gendered nature of law.

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Constitutions

Foundational charters outlining rights, freedoms, structure and limiting government power.

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Constitutional Design

Features of constitutions, including structure, amendment process, and judicial review.

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Diffusion of Powers

Distributing power among branches (horizontal) and levels (vertical).

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Canadian Court System

Dispute resolution, justice dispensing, enforcing contracts, answering legal questions, enforcing constitution and establishing case law.

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International Society

Includes states, international organizations, and international civil society.

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International Criminal Court

A judicial body established to prosecute individuals for international crimes.

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UN

Intergovernmental organization facilitating international relations, diplomacy and agreements; coordinating international issues, but incapable of enforcing resolutions unilaterally.

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International Law

Set of rules and principles governing relations amongst states and other actors.

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Customary International Law

International law developed through established patterns of state behaviour generally recognized by international courts or other bodies.

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Soft Law

Non-binding legal principles, guidelines or recommendations.

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Hard Law

Legally binding international agreements and rules.

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Prescriptive Jurisdiction

Rules on where a state's laws can apply; different principles (e.g., territoriality, nationality).

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Formal Institutions

Organizations that have legal consequences when their rules are not followed, like universities and law enforcement.

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Informal Institutions

Organizations that guide behavior through unwritten rules, like social norms and cultural values.

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Law's Purpose

Law aims to establish social order by creating a system of rules and regulations that govern society.

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Ideological Power

Power that influences people's thoughts and beliefs.

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Structural Power

Power derived from one's position or role in a system.

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Instrumental Power

Power derived from having resources or influence.

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Legal Fairness

A key aspect of justice, ensuring that laws are applied impartially.

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Legal Equality

Another pillar of justice, meaning everyone is treated equally before the law.

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Legal Rights

Rights granted by law that protect individuals from harm and ensure their freedoms.

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Punishing Legal Wrongs

A crucial element of justice, applying consequences for actions that violate the law.

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Lex Injuxta Non Est Lex

An unjust law is not a law at all; meaning laws must be morally just to be legitimate.

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Positivism's Core Belief

Law is created by humans and its validity comes from the sovereign state, disregarding morality.

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Legal Realism's Focus

Examining how laws are applied in real-world contexts, considering social and political factors.

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Marxism's View of Law

A tool of the capitalist class used to maintain economic power and control over the working class.

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Critical Legal Studies' Goal

Challenging the assumptions and foundations of law, exposing how power is embedded in legal systems.

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Feminist Legal Theory's Lens

Examining law through a gendered perspective, highlighting how laws disproportionately affect women.

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Constitutions' Key Features

Establishing fundamental rights and freedoms, outlining the structure of government and its limits.

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Horizontal Diffusion of Powers

Separation of powers among independent branches of government, like the executive, legislative, and judicial branches.

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Vertical Diffusion of Powers

Distribution of powers between different levels of government, like the federal and provincial levels.

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Judicial Review's Role

Courts reviewing government actions and laws to ensure they are consistent with the constitution.

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Delegation of Powers

Transferring some governmental tasks or authorities to unelected administrative bodies.

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Judicial Review's Purpose

Courts examining decisions made by administrative bodies to ensure they acted within their legal authority.

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Balance of Power in International Society

States constantly adjusting their strength and influence to maintain stability or gain an advantage.

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The UN's Key Function

A platform for international diplomacy, coordination, and agreements, promoting peace and cooperation.

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Customary International Law's Source

Rules developed through consistent state behavior, considered binding even without a treaty.

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International Law's Hierarchy

Hard law is legally binding, while soft law is non-binding but can still influence behavior.

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Applying Prescriptive Jurisdiction

Determining where laws can be applied based on factors like territory, nationality, or universality.

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International Law's Enforcement

Difficult due to lack of a single enforcement body, often relying on multilateral sanctions or unilateral actions.

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Study Notes

Society and Law

  • Society is a network of interconnected relationships governed by law.
  • Institutions guide human behaviour, with formal institutions having legal consequences and informal institutions having unwritten rules.
  • Organizations are groups working towards shared goals.

Institutions vs. Organizations

  • All organizations are institutions, as they guide behaviour, but not all institutions are organizations.
  • Institutions may not have a specific goal, unlike organizations

Law

  • Law consists of binding and enforceable rules that govern society.
  • Law involves balancing individual and collective interests, establishing social order, and limiting the arbitrary use of power.
  • Law is shaped and influences politics.

Politics and Law

  • Politics shape law and law influences political power dynamics
  • Politics decides what laws are passed, while laws can determine who holds power.
  • Laws can be tools to challenge or reinforce existing power structures.
  • Laws can prevent government abuse of power and shape political institutions.

Justice

  • Justice is derived from the concept of giving each individual what is due, including legal fairness, equality, and rights, with consequences for legal wrongs.

Distributive Justice

  • Distributive justice focuses on fairly distributing resources like social security or progressive taxation.

Restorative Justice

  • Restorative justice aims to repair the harm caused by criminal behaviour through involvement of victims, offenders, and the community.
  • The goal is to restore relationships and reintegrate offenders.

Natural Law

  • Natural Law proposes universal and absolute principles of right and wrong.

Positivism

  • Positivism views law as it exists, focusing on man-made laws and the validity of sovereign states.
  • Legal realism emphasizes that law reflects political, economic, and social contexts, with human influences shaping legal outcomes.

Marxism

  • Marxist theory views law as an instrument of capitalism and the bourgeoisie (elite class).
  • Critical legal theory analyzes law, its purposes, and assumptions as embedded in power systems.

Feminism

  • Feminism examines perspectives on law from a gendered viewpoint, highlighting the gendered nature of law and legal studies.
  • Feminist theories include first-wave feminism focused on suffrage, and second-wave feminism focused on gender equality and reproductive rights.

International Torts

  • Intentional torts are based on intentional physical or mental harm.
  • International standards vary between intentional tort and negligence.
  • Defenses include: consent (explicit or implied), self-defense, and legal authority.
  • Negligence is the failure to meet a reasonable standard of care that results in harm to another party.
  • Duty of care describes a legal responsibility in specific contexts.
  • Relevant factors in determining reasonable person scenarios include circumstances.

Negligence Cases

  • Legal cases, like More v. Bauer, and Buchman v. Ortho demonstrate legal standards and duties of care in negligence contexts.

Contributory Negligence

  • Contributory negligence describes situations in which the injured party's actions contributed to their injuries.

Voluntary Assumption of Risk

  • Voluntary assumption of risk discusses situations where an individual willingly takes on a risk.

Administrative Law

  • Administrative law governs the relationship between the government and the public, focusing on fairness and equality in administrative functions.
  • Authority in administrative law is limited by legislation.
  • Administrative bodies can be delegated tasks.
  • Judicial review of administrative decisions is possible.

Canadian Court System

  • Canada's court system is central to dispute resolution, justice, and upholding the Constitution.

International Law

  • International law encompasses customary and soft law, as well as hard laws.
  • Key concepts in international law include jurisdiction (territorial, nationality, universality, passive personality) and enforcement.

Canadian Law History

  • Historical milestones include the Royal Proclamation of 1763, Quebec Act 1774, the Constitution Act 1791, and the British North America Act 1867.

Canadian Constitutions

  • Canada's constitution includes the Charter of Rights and Freedoms, and amendments.

International Society

  • International society comprises balancing of power and power imbalances related to nuclear weapons, security, material, military, and economic capabilities.
  • Different levels of governance exist in terms of power including great, middle, and small power states.
  • The United Nations plays a significant role in this context.
  • The principles of the charter include legal sovereign equality between states and respect for human rights.

Final Exam

  • The final exam covers topics from various legal areas, with different weighting given to different areas of law.

Meech Lake Accord and Charlottetown Accord

  • The Meech Lake Accord and Charlottetown accord were attempts to improve the Canadian constitution, but both failed.

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Description

Explore the intricate relationships between society, law, and politics in this quiz. Understand how institutions guide behavior and the distinct roles of organizations. Delve into how law influences political dynamics and helps maintain social order.

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