LAWS 1000 Lecture Notes - Lecture 13: Critical Legal Studies, Black Letter Law, Jury Nullification
Document Summary
Review of last week: communities should be governed by liberty, the freedom to pursue the good life. Your ability to pursue this life should not be interfered with. Someone cannot use their liberty to interfere with someone else"s: once the government is in power, they should consider everyone"s point of view, we expect our judges to be fair, and we demand that they are neutral. We want their conclusions to reflect legal standards: 3 cases that demonstrates the disconnect between the legal ideals and what we refer to as factual equality, christie vs york corp: contesting of the right of refusal to patrons. The court brought the story down so far, that by the time it got to the supreme court, it was about a piece of legislation: delagumuukw vs bc: about indigenous ways of knowing and non-indigenous ways of knowing. Law school focused on the doctrinal approach, which means that all you do is study case law.