Law and Society exam notes

Topics: Law, Human rights, Jurisprudence Pages: 3 (929 words) Published: November 21, 2013
Civil liberties
* outlined John Mill who is a prominent utilitarian
* includes the freedom of conscience, privacy, religion, of thought and feeling, opinion and sentiment, expressing and publishing opinions, of tastes and pursuits etc. * Individuals, who Mill describes as sovereign over themselves(body & mind), must know that these liberties are not absolute – as a member of society, it is ones responsibility to take all precautions to prevent harm done to themselves and others.(themselves because you might cause harm to another by doing so) * no society is free if these liberties are not respected by all * Canadian Civil Liberties are outlined in our Charter of Rights & Freedoms Abstraction

* it is the idea that the law should operate at a high level of abstraction that excludes consideration of the social context * law should operate in fair manner, not being attached to or have allegiance to a particular culture or set of norms. * The Form that the law takes is important, not content.

* The Decleration of human rights speaks about the human as a subject. It is a universally nameless, faceless, human subject. * Comes from word; abstract. Thus, to abstract bias in order to be fair. Artifactualism

* a new emerging theory of law outlined by Richard Devlin thats builds upon & at the same time critisizes the insights of Natural Law, Legal Positivism and Realism * common with Natural law - artifactualism recognizes that it is impossible to concieve of law without reference to social values reflected in and enforced by law. * Like Legal Positivists, it see's how law is a human construct & focus should be on more tangible dimensions of law * there is a system of socially constructed and coercively enforced norms – an extremely complex matrix of social forces * we need to investigate and interrogate – not look at what judges say but also what they do it challenges the idea of Law

* what law is, is not what it always has been or will be & we need to change it and...
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