SOSC 2652 Lecture Notes - Lecture 4: Precedent, Legal Formalism, Bourgeoisie
31 Oct 2018
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Document Summary
Origins and overview of criminal justice: criminal justice as drama, moral of the story: official story of law, origins of criminal justice, overview of contemporary system. Five big components of the official version of the law: adversarial system. In which two parties in a dispute have responsibility for finding and presenting evidence. Representatives are both trained, two opposing narratives: separation of powers (legislature and judiciary) Judge remains neutral weighs facts and makes the decision position/ be elected into the spot ((cid:494)popular vote(cid:495)) Judiciary: is autonomous and free from political interference: neutral umpire. Judges are elected in canada they are political appointments for life: not elected by public but by politicians, insulates them from changing popular opinion, rule of law. Most central tenant of our legal system. Key principle of stare decisis: (cid:494)let the decision stand(cid:495: law of precedent, decisions flow downwards, legal method. Thursday, september 27th 2018: universal legal subject.
