Legal Scholars, Philosophers, Theorists
Laws must be universal to be moral
Who is PLATO?
Law and morality are inseperable
What is NATURAL LAW?
The crime committed in the case of R v Dudley and Stephens
What is MURDER?
In Canada, civil law originates from...
What is FRANCE?
In Canada, not freedom of speech but...
What is FREEDOM OF EXPRESSION?
Believed that humans are corrupt and without laws, we would live in constant conflict
Who is THOMAS HOBBES?
Laws contain bias of lawmakers and judges, ergo values are not universal
What is LEGAL REALISM?
Gives Canadian their fundamental rights
What is UNIVERSAL?
Religion, philosophies, and historical events
What are PRIMARY SOURCES?
When two or more people have to make decisions together
What is POLITICS?
Believed justice could be discovered in a scientific manner
Who is ARISTOTLE?
Refusal to comply with laws (e.g. pay taxes) to protest the same laws as unjust
What is CIVIL DISOBEDIENCE?
Excessive wealth impairs person's ability to process social realities and consequences
What is AFFLUENZA?
Using logic to analyze the world from observation to make decisions and govern ourselves
What is RATIONALISM?
Where is civil law practiced in Canada?
What is QUEBEC?
In major cities like London, Beijing, and New York, this experience would be a positivist example of social contract.
What is MASS SURVEILLANCE?
Look the divine and the church for laws
Who is ST. THOMAS AQUINAS?
This jurist would disagree with medical assistance in dying (MAiD) laws.
What is a NATURALIST?
Guilty of fraud
What is PEOPLE of New York v TRUMP?
Examining laws, answering questions about justice, analyzing impact of laws
What is JURISPRUDENCE?
The Canadian Constitution Act is an example of this
What are SECONDARY SOURCES?
Statute laws, case laws, and constitutional laws are
What is CATEGORIES OF LAW?
Laws should be useful to majority of members of society
Who is JEREMY BENTHAM?
"The master's tools will never dismantle the master's house" describes this perspective
What is CRITICAL LEGAL THEORY?
This became law in 1982 in Canada
What is the CONSTITUTION ACT?
The parameters of legal power
What is JURISDICTION?
This English document influenced major legislation and constitutions worldwide
What is MAGNA CARTA?
In the wild, like in a savannah, this is an example of social contract from the perspective of a naturalist.
What is the WATERING HOLE?
Wrote the influential essay titled Civil Disobedience
Who is HENRY DAVID THOREAU?
Positives argue that laws get their authority from this
What is the GOVERNMENT/SOVEREIGN POWER?
For war crimes in Palestine
What is ICC v NETANYAHU?
Wilfully committing harm or damage
This important concept derives from the Magna Carta
What is RULE OF LAW?
This Indigenous practice of communicating rules (among other things) was foreign to European colonizers.
What is ORAL TRADITION?
"The master's tools will never dismantle the master's house."
Who is AUDRE LORDE?
The establishment of murder being committed before a particular time frame is describing these positivist aims (hint: looking for two things)
What is EFFICIENCY AND PREDICATIBILITY?
Case in which the judge and perpetrator attended the same educational institution
What is the PEOPLE of California v TURNER?
Decision making that is not based on objective truth
Can be so fundamental to society that they become laws
What are CUSTOMS?
This method of tracking precedents by way of travelling judges comes from this legal system
What is COMMON LAW?
"The good of the people is the chief law."
Who is CICERO?
Father knows best
What is LEGAL PATERNALISM?
The 'stand your ground' defence is now widely used to defeat police brutality cases
What is PEOPLE v Zimmerman?
To control, bring order, or consistency in society
What is REGULATE?
This method of justice focuses on reconciliation between victim and perpetrator and is influenced by this group
Who are the INDIGENOUS PEOPLES?
Decriminalization of drugs like marijuana or interracial marriage is an argument in favour of or support of this philosophy
What is POSITIVE LAW?
"...we decide for one we decide for all, that we leave no wounded behind in our march towards justice."
Who is RONALD DWORKIN?
Consent and private beliefs not mattering describes this naturalist belief
What are MORAL PRINCIPLES?
Anne Sacoolas' legal shield
What is DIPLOMATIC IMMUNITY?
Demonstrated by intent, knowledge, recklessness, or willful blindness
What is MENS REA?
Canada's supreme court decide cases in both English and French and from both common law and civil law. Why? (hint: looking for two things here!)
What is BILINGUAL and BIJURAL?
Civil rights movement led by Black students to protest segregation in restaurants
What is the GREENSBORO SIT-IN?
Similar to precedent