Summary

This document discusses various legal theories, including legal positivism, natural law, and legal realism. It also touches upon feminist, anarchist, and libertarian perspectives, alongside indigenous legal approaches. The focus seems to be on diverse perspectives within legal systems.

Full Transcript

Traditional legal theories Legal positivism - The law is the law - Separation of law and morality Natural law - Judeo-christian roots, their conceptions of social life - Legal realism - Law developed from social, political, and economic bases as well as doctrine (set societal belie...

Traditional legal theories Legal positivism - The law is the law - Separation of law and morality Natural law - Judeo-christian roots, their conceptions of social life - Legal realism - Law developed from social, political, and economic bases as well as doctrine (set societal beliefs) Marxist - Socio-economic, unequal distribution of wealth Contemporary legal theories Critical legal - purposes , values, and assumptions of legal system - Current relevance, rationales, and validity Feminist - Language and logic of law reinforce male values, perpetuate male power structures Anarchist - Communitarian ethic (group over individual) Libertarian - Opp, celebrate rights of individuals (individual over group) Indigenous perspectives Recognize… - Traditional and original owners of land - Their cultural values - Their forms of government - diversity among their systems of law and legal approaches - diminishing inequalities within canadian justice system

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