CRCJ 1000 Lecture Notes - Lecture 3: Judicial Interpretation, Judicial Independence, Fundamental Justice

• School: Carleton University
• Department: Criminology and Criminal Justice
• Course: CRCJ 1000
• Professor: Jeffrey Monaghan

Document Summary

Social context of dispute resolution: pre modern societies defined as having strong collective solidarity, social bonding resting on similar beliefs ad values, shared activities, cooperation and ties of kinship, no certation. Those in privileged positions often sought to have others generate their personal wealth. Less powerful segments of society found it hard to defend their interests. The state emerged in agricultural society to represent the interests of the powerful. Despite reforms, until the late 18th century systems of crime, punishment, law, and justice are characterizable as retributive and inconsistent. Ar(cid:271)itrary (cid:448)iole(cid:374)t pu(cid:374)ish(cid:373)e(cid:374)t; (cid:272)orporal a(cid:374)d (cid:272)apital pu(cid:374)ish(cid:373)e(cid:374)t superstitious guilty u(cid:374)til proven innocent: criminal law controls the formal definition and content of crime, criminal law is a living concept, criminal law includes, 1. Origins of common law: origins in england, adopted in much of the british commonwealth (colonial) world. Judge made law: courts no longer make criminal offences but are tasked with interpreting criminal offences, laws.