LAWS 1000 Lecture 7: LECTURE 7 - Aboriginal Rights (cont'd)
10 Feb 2017
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The logic & values guiding the principles of precedents ; tension b/w continuity & innovation. Protecting the members of society from social harm. Critique = law makers/powerful interest who define the activities, may be harmful to those concerned: e. g. the indian act. Lawmaking is the restatement of some custom & values (i. e. normative order) Conflicts are unavoidable & foster collaboration/competition: e. g. Unequal access to economic goods & structural cleavage are the basic determinants of law making. Look @ who form the elite, and their interests. Indian act & extractive actors: the almost inexistent regulations in the 1982 charter to counter real economic inequalities. By the presence of an enterprising individual/group, committed to moral enterprise. Notions of right and wrong infusing law making: e. g. historical discouragement of interracial marriages in canada. Legislation: deliberate creation of legal precept by a body of gov"t that gives articulate expression to such legal precepts in a formalized legal document.
