LWSO 203 Introduction to Legal Knowledge PDF

LWSO 203 Introduction to Legal Knowledge TOPIC 1: INTRODUCING ‘LAW’ & PERSPECTIVES ON LAW  Overview of the course Review 1) syllabus and expectations  1) Introduce basic concepts Objectives 2) Introduce the concept of ‘law’ 3)...

LWSO 203 Introduction to Legal Knowledge TOPIC 1: INTRODUCING ‘LAW’ & PERSPECTIVES ON LAW  Overview of the course Review 1) syllabus and expectations  1) Introduce basic concepts Objectives 2) Introduce the concept of ‘law’ 3) Overview government branches in relation to law and the legislative process 4) Consider traditional and contemporary theoretical perspectives on law  Canadian Legal Information Institute (CanLII) Information http://www.canlii.org/en/ on Canadian Justice Laws Website http://laws-lois.justice.gc.ca.eng/ Law: Select Supreme Court of Canada Decisions Resources http://scc-csc/lexum/com/scc-csc/en/nav.do Criminal Code of Canada https://www.justice.gc.ca/eng/csj- sjc/ccc/index.html Department of Justice https://www.justice.gc.ca/eng/  Basic Concepts Institution: anything that constrains, guides or shapes patterned human behavior -Institutions are structures (vs. agents) Politics: the practices and processes of power relations -Power: instrumental, structural and ideological power Society: An ordered web of ties – including institutions and patterned relationships – that connect a group of individuals -Has an inextricable relationship with ‘law’  ‘Law’ The concept of ‘law’ is highly debated Law: the set of rules and regulations governing a society Definitions of law tend to center around i) formal rules of conduct (binding and enforceable) ii) the involvement of politics iii) balancing individual and collective interests iv) establishing social order v) limiting the arbitrary use of power Law & Politics Law is shaped by politics and politics is shaped by law Laws can reify or challenge existing power relations in society Law can prevent the state’s abuse of power Law shapes a country’s political institutions Law can adjudicate political problems The ‘rule of law’ is a central component of modern states  ‘Justice’ There are many different conceptions of ‘justice’ Justice: In terms of law, reflects the idea of i) legal fairness and ii) legal equality; iii) legal rights and iv) punishing legal wrongs -Derived from the Roman term justicia – ‘to give each person their due’ There are also wider notions, such as distributive justice and restorative justice  Contending Theoretical Perspectives on Law There are many theories of law Here, we focus on the most dominant theoretical perspectives These theories make both empirical and normative claims Traditional Theories of Law I: Natural Law Natural law: posits the idea that there is universal, absolute law -Either emanating from God or separate from the divine Lex injusta non est lex A part of the Canadian Charter of Rights and Freedoms and international human rights law  Traditional Theories of Law II: Positivism Positivism: a theory of law that views law ‘as is’ rather than ‘as it should be’ -Law is ‘posited’, human-made What is right is what is lawful Law’s validity comes from the validity of the sovereign (the state) Rooted in the British practice of parliamentary supremacy  Traditional Theories of Law III: Legal Realism Legal realism: understands law and legal outcomes as part of the political, economic and social contexts Realist analysis of law is like ‘grand-style judging’ (Boyd, 2019) Like positivism, focuses on law ‘as is’ rather than ‘as it ought to be’ -Unlike positivism, focuses on the human influences of law  Traditional Theories of Law IV: Marxism Marxism: informed by the idea of historical materialism There are many different Marxist approaches to law Tends to view law as an institution of capitalism and an instrument to protect to economic elite class  Contemporary Theories of Law I: Critical Legal Theory Critical legal theory: critical of the rationales, purposes and assumptions of law and legal theories Views power as embedded within legal systems Considers the political, social and economic context of law Arose as a challenge to positivism Often influenced by Marxist ideas  Contemporary Theories of Law II: Feminism Feminist theory of law: understands law from a gendered perspective Identifies and problematizes the gendered nature of law and legal study First-wave feminist thought Second-wave feminist thought Third-wave feminist thought Applying Theoretical Perspectives I: Carter v. Canada (Attorney General) Applying Theoretical Perspectives II: The Cannabis Act