The vague‚ subjective‚ and indeterminate nature of Canadian obscenity law has been called “the most muddled law in Canada.” Recognizing that consistency and objectivity are important aspects in the running of any successful legal system‚ the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a "moral-based" offence to a "harm-based" offence. The courts are now asked to determine
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Philosophical Foundation Professor Novich Characteristics of the Criminal Law Criminal behavior is behavior that goes against societies norms and the laws of the people. These laws are put in place to protect the people and their property. The laws are usually enforced by a law enforcement agency and punishment issued by a judicial system. There are several different characteristics that make up a body of law. Sutherland and Cressey (1974) states‚ “ the characteristics which distinguish the
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2012 Private Law versus Public Law Public law (Criminal Law) is a theory of law that governs the different relationships between the state and the individual. This is who is considered to be either a citizen or a company. Criminal law has to have evidence that is beyond reasonable doubt‚ which means that a person is very likely of commenting that certain crime (Kilpatrick‚ 2000). Public law covers three sub-divisions which are constitutional‚ administrative and criminal law. To understand how
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LANGUAGE OF THE LAW Characteristics of the courtroom discourse Eva Přidalová Introduction In all societies‚ law is formulated‚ interpreted and enforced: there are codes‚ courts and constables. The greater part of these different legal processes is realised primarily through language. “Language is medium‚ process and product in the various arenas of the law where legal texts‚ spoken or written‚ are generated in the service of regulating social behaviour.”1 In the Anglo-Saxon common law system‚ a discrete
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JOURNAL OF LAW AND SOCIETY VOLUME 20‚ NUMBER 4‚ WINTER 1993 0263-323X Marx and Law ANDREW VINCENT* There is no sense in which Marx can be described as just a legal theorist. He did not write any systematic works on legal science or jurisprudence; however‚ his observations on law are both immensely penetrating and contain an extremely subtle interweaving of philosophical‚ political‚ economic‚ and legal strands. Marx was also at the centre of many crucial intellectual and political debates
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Civil wrongs - torts PowerPoint 1 Torts • Civil wrong other than a breach of contract • Causes personal injury‚ property damage or financial loss • Innocent party usually claims damages • Purpose - justice to be achieved by transferring kiss I’m the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance‚ defamation
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The history of law and justice is the history of civilization‚ and law itself is only the blessed tie that binds human society together. Our ancestors had no idea of redress beyond vengeance‚ or of justice beyond only individual reprisal. The law‚ like everything we do and like everything we say‚ is a heritage from the past. We just follow in their footsteps and carry on with it‚ and keep it in today’s society‚ only to prevent chaos and keep a social society running smoothly. Greeks‚ Romans‚ Egyptians
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Law Notes 1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow Statute: law passed by government you must follow unlike a rule which you can’t be punished for 2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts‚ notions‚ and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows
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The Functions and Role of Law in Business and Society Courtney Cunningham LAW 421 June 22‚ 2015 Professor Milton Luoma The function and Role of Law in Business and Society What is the meaning of law? If you were to look up the online meaning of law‚ most likely you will find this definition: “a body of rules of conduct of binding legal force and effect‚ prescribed‚ recognized‚ and enforced by controlling authority”(The Free Dictionary‚ 2013). Another way of looking at it is a group of rules of
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Supremacy of EU law The legal doctrine of supremacy of EU law means that EU labour law takes precedence over domestic labour law. The creation of a new legal order of EU law and its supremacy means that EU institutions may create rules affecting employment and industrial relations‚ even where some Member States oppose such rules and vote against them in those EU institutions‚ provided that a voting procedure based on a majority rule applies to that specific field. Where adopted‚ these rules must
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