Class notes
Lecture notes, second class
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notes for the second weeks class, where the topic was "Conceptualizing and Theorizing Law, Discrimination, and Justice"
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Suitability of the court system for sexual assault (even related) case On the credibility issue in sexual assault cases
Long term psychological conditioned factors in societal norms and relationship
Laws meant to maintain the state (to maintain power relationships under the capitalist ideology)
Is it punishment (laws) for not following along to the capitalist system
how is consensual obiedience to law achieved (I.e. - abstract ideologies of the charter)
Legitimacy of the law as the law achievd through last point
What makes law legitimate in a democracy: culturally speaking, making the
appearance/impression that the people chose the laws in question
Consent as having to be reproduced over and over again (elections, social issues, protests, etc.)
"law is supposed to protect us from danger, without it the powerful and fear would rule" an
ironic claim relative to the fear induced from an event like 9/11 and how these events are
utilized
Factors of legitimate law: democratic institutions / "consent"
Formal laws: constitution (from inception of Canada 1867, to the contemporary 82 charter) , the
BNA act has not been repealed) the former is more foundational, the latter is more for citizens /
democracy
The unwritten constitution: informal law (when the legislature goes to case / other statute
laws...magna carta / ten commandments "norms of some peoples/groups values implemented
into law/cannon law/legal academia")
Statute law class def: laws created by legislature (fed / prov / local)
Case law class def: laws created by judges
Protection of arbitray arrest / imprisonment as originating from magna carta
Roman law (french code)
Common law class def: interpret and apply laws from legislature with precedence, originating
from England / Civil law class def: interpret and apply set rules without precedence, roman
origins
Public law covered in this course: admin / constitutional / criminal
Admin: institutional / tribunals make regulations relative to their functions
Constitutional: federal law
Criminals: crimes against the state (stability and order of the "state")
Carding as the panoptic role / factor (post 9/11 or raising up security in the state)
Constitution class def: set of laws, principles, and procedures
Goals of constitution - 1) stability and order 2) provide guidelines for political life of the nation
(I.e. provide a liberal democracy for a society)
3.)Relative political life to culture in terms of norms of culture and life definition
Constitution as social inspiration
4.) conflict resolution
3 cornerstones: 1.) executive, responsible government (accountable to the people, answerable
to the people) 2.) Rule of law 3.) Federalism (3 levels of government)
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