Class notes

Lecture notes, second class

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Course
PPAS 2200

Institution
York University (Ebor )

notes for the second weeks class, where the topic was "Conceptualizing and Theorizing Law, Discrimination, and Justice"

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Uploaded on March 10, 2023
Number of pages 2
Written in 2022/2023
Type Class notes
Professor(s) Professor hooshiyar
Contains 2

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Communities and Public Law Starter Pack

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1. Summary - Cornell notes, chapter 1, 2
2. Other - Course outline
3. Summary - Cornell notes, chapter 3
4. Summary - Notes on fairness, justice and administrative law
5. Class notes - Lecture notes, second class
6. Class notes - Cornell notes, judicial review, charter politics and charter critics: implications fo...
7. Class notes - Cornell notes, judicial review, charter politics and charter critics
8. Class notes - Cornell notes, charter politics and charter critics lecture notes
9. Class notes - Cornell notes, charter politics and charter critics
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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BNA act has not been repealed) the former is more foundational, the latter is more for citizens /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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