Law Syllabus

Retribution, Incapacitation, deterrence, and rehabilitation are four philosophies of punishment. Retribution is the punishment and is simply in proportion to the offenses seriousness. It is the "eye to eye" justice system. Incapacitation prevents further criminal activities and behaviors. It physically restraining the offender from future misconduct. Deterrence prevents through making examples of the offender being punished.

F.L. Morton examines the political impact of the Canadian Charter of Rights and Freedoms by comparing pre-Charter practices to post-Charter developments in five different areas: judicial behaviour, public policy, interest group behaviour, federalism, and executive behaviour. Morton presents the Charter through its continuity and change, beginning with the move away from Britain’s “unwritten constitution” and distinguishing the doctrine as constitutional supremacy that still depends on public opinion. He argues that due to the Charter’s constitutionality, Canadian courts are able to have a more active and influential role in interpreting and enforcing the listed rights which is a negative development in Canadian democracy.

Horrigan, B, _Adventures in Law & Justice: exploring the big legal questions in Everyday Life_, Lawbook Company, Sydney, 2003

One of the oldest justifications for punishment involves the principles of retribution. Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a cri-me, i.e. duress. It can be sometimes be viewed as a

Many people strongly support the capital punishment and there are also two ethical theories that the capital punishment. Those ethical theories utilitarianism and retributivism. Utilitarianism is a theory that search to identify the consequences of administering punishment, it explains that punishment should block someone from potential

Punishment is also justified by the possibility of enabling rehabilitation and resocialisation of the offender. Whether by a custodial or a non-custodial penalty, punishment will provide means of re-educating the offender, so that he will not commit further crimes. Also based on utilitarianism (check reference), this paradigm lived a period of great acceptance during most of the 20th century and declined in the 1970s, but has returned to some importance from the middle of the 1980s (Von Hirsch & Maier, principled, 33).

Almost all general philosophies of punishment contribute different methods for determining any punishment’s fit with crime. Retributivism, a philosophy, broadly justifies the punishment that a person receive for breaking the law, through justice and the principle of desert. A common form of expressing the ideology of retribution is “an eye for an eye.” This theory consists of two main parts, the offender deserving punishment and the punishment should ft the crime. I will discuss the claim made by Retrbituivisist’s through focusing on whether Retributivist’s assumptions about moral responsibility are well founded.

Based on the case given, the pertinent area of law is whether the necessary conditions

Q1.A review of the case reveals that Indri is the sole director and shareholder in his own company. The Australian law makes a clear distinction between a business and its owner. A business is therefore considered a separate entity from its owner. A company is regarded as a separate legal entity to its shareholders, directors as well as employees, all of whom have a limited liability. This principle was at one point affirmed by the House of Lords in the Salomon v Salomon case. In this case, a company is considered a new legal entity that is separate from all of its shareholders. The court did this is a one person company as is the case of Indri. Ramsay and Noakes (2001) noted that Windeyer J stated in a High Court case of Peate v Federal Commissioner of Taxation noted that a company represents new legal entity, a person in the very eyes of the law. This separate entity principle has persisted in the Anglo-Australian Corporate law for several years. Therefore whenever a company acts it does so in its own rights. Therefore the shareholders are never liable to the company's debt that lies beyond their initial investment as capital (Ciro et al,2009).

This paper is my reflection on the course material and reading for the class Feminism, Justice and the Law: FEM3104 at the University of Ottawa. In this reflection, I will focus and reflect on Constance Backhouse’s work, “Sexual Assault and Disability: Saskatchewan, 1942” illustrated in Carnal Crimes. The purpose of this reflection is to look back on the Canadian Criminal Justice System, in 1942, and see the progress and the development of our current system, 2017. Specifically, the change in interpretation and the victim blaming of sexually assaulted female victims that is evident in the courthouse even today. Backhouse in the article, “Sexual Assault and Disability: Saskatchewan, 1942,” narrates a case study of Beatrice Tisdale, a victim of sexual assault and a Deaf woman, as we follow her journey through the courthouse where she faces her assailant, the discriminatory and unfair trial, inadequate representation, and victim blaming. In the article, Backhouse focuses on the disability aspect of the case as Beatrice was Deaf which prolonged the trial. However, in this reflection, I will mainly focus on representation and interpretation that we receive today in the courthouse in comparison to when Beatrice took the stand. Another theme that I will bring up in this paper is judicial bias and judicial discretion and its close link to discrimination and prejudice.

The Philosophy of Law explains and covers various aspects of law. It provides an overview of the diverse theoretical justifications for our legal rules, systems, and practices. In Philosophy of Law, pages 171 through 299 covers the two major topics of International Law and Property. In covering International Law and Property, there are many subtopics to understand.

In Greek Mythology, King Midas is granted a wish and wishes for the golden touch which he believed to be a good then realizes it is a curse. That day King Midas learned a lesson to think before speaking. As a kid I was naive and I never listened to my parents, but as I grew older it dawns on me my parents are right. “Life has an irony all its own. What you wish for, you get, but you discover that it 's not what you want.”(John Austin Connolly). Austin was a noted British jurist and published extensively concerning the philosophy of law and jurisprudence. I am using the quote because it explains why being careful what you wish for is important when you’re young.

her idea that the rule of law exists “through the cognitive process of the human mind, the language of the rule of law has not only represented reality, but has also played a leading role in the creation and transformation of reality; accordingly, it has contributed to the modelling of the shared consciousness of society, including that of international society” (Beaulac, 2009, p.1). The notion of the rule of law and its history stems from many traditions and continents and is intertwined with the evolution of the history of law itself. Recent attempts to formalize its meaning have drawn on this rich history of diverse understandings. In a modern sense, the rule of law has developed into a government which is based upon non-arbitrary rules as opposed to one based on the power and whim of an absolute ruler. The concept of rule of law is deeply linked to the principle of justice, involving an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs.

This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson's pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen's attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive law; analyzes the meaning and scope of Kelsen 's normativisms and provides his views of further making of the pure theory of law.

The concepts of law and justice are interdependent and deeply intertwined. The relationship between these concepts is able to be perceived through analysis of each independently and then comparatively. One of the primary questions concerning law and justice pertains to the balance and importance of natural law compared to civil law. Problems arise when defining what natural law and civil law are. The identification of natural or civil law as set boundaries provides its own queries. Along with the identity of these types of law, the existence of natural law is brought into question. The purpose of both natural and civil law is defined by the purpose of any law. Natural law may be defined as an unwritten form of rules that dictate man; this