SOC323H5 Lecture Notes - Lecture 2: Robert Latimer, Legal Realism, Natural And Legal Rights
Document Summary
1993- first time it came before courts. Most publicized euthanasia case in canadian history. Latimer"s lawyer argued that he should be given a constitutional exemption: argued that it was a mercy killing/euthanasia, killed his daughter but the punishment was too severe, make adjustments to constitution because of the circumstances of the killing. Court of appeal; when decision was re-ordered after jury tempering- later sentence to two years and less a day (half served in provincial jail and half in community) 2001 supreme court of canada- crime could not be justified and life sentence with no parole for 10 years was not a breach of section 12 of the charter (ordered back to original sentence) November 2010- granted full parole but is subject to supervision for the rest of his life. Origins of law- classical legal theory: natural law, legal positivism and legal realism. Primarily considered with definitions of law and justice.
