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Philosophical Influences on Canadian Law

Philosophical Influences on Canadian Law. PLATO (428-348 BCE). Plato thought that the ideal ruler of society would be a “ philosopher king,” He then realized that it would be hard to find such a leader so there needed to be laws. ARISTOTLE (384-322 BCE).

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Philosophical Influences on Canadian Law

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  1. Philosophical Influences on Canadian Law

  2. PLATO(428-348 BCE) Plato thought that the ideal ruler of society would be a “philosopher king,” He then realized that it would be hard to find such a leader so there needed to be laws.

  3. ARISTOTLE(384-322 BCE) If people were unequal than they deserved unequal shares of wealth People needed representation

  4. EPICURUS(341-348 BCE) Everyone deserves to be happy Happiness is different for all, therefore laws needed to be put into place.

  5. CICERO(106-43 BCE) Opposed to dictatorship (Caesar) Established justice, equality & fairness in all law Agreed with Aristotle that there should be people representing the public

  6. JUSTINIAN(483-565 BCE) Into to Noam Chomsky 7:33 Part 1 http://www.youtube.com/watch?v=9CKpCGjD8wg&NR=1 Established Roman Law Wanted people to be born “free” People could not be bought from one another

  7. SAINT AUGUSTIAN(354-430 BCE) Strong believer in God’s law “The only perfect law is Eternal law, God’s law.

  8. THOMAS AQUINAS(1225-1274) Law should be for the common good Didn’t believe laws made people good

  9. THOMAS HOBBES(1588-1679) Atheist Humans are animals Wanted to protect life, property by social contracts Avoiding the idea of natural law Justice is dependant on people’s obedience

  10. JOHN LOCKE(1632-1704) Individual rights Need for limits on the power of the state Protect against arbitrary acts of others interfering with freedom

  11. JEAN-JACQUES ROUSSEAU(1712-1778) Government should make decisions according to the general will of the people Encouraged helping others

  12. JEREMY BENTHAM(1748-1832) Chomsky Part 2 8:39 http://www.youtube.com/watch?v=oB1q2tdb-Gw&feature=related Laws should be based on more than good morals Law is social control “the greatest good for the greatest number”

  13. JOHN AUSTIN(1790-1859) Supporter of positive law Ethics/Morality should play no part in making a law good or bad Legal norms decide whether a person is just or unjust

  14. JOHN STUART MILL(1806-1873) Laws should be useful in the functioning of society Utilitarianism Emancipation of women, labor unions Free speech

  15. Modern Philosophers Why People Hate Americans 4:09 http://www.youtube.com/watch?v=dAwRu83SGo4&feature=related

  16. H.L.A. HART(1907-1992) • Judges should be flexible in circumstances • Two levels of law • Primary (what individuals must/must not do) • Secondary (how primary rules are defined and how they can removed, changed, enforced & applied

  17. JOHN RAWLS(1921-) “Justice is fairness`` Legal system should strive towards ideal Everyone should be given the same opportunities in legal system

  18. RICHARD A. POSNER(1939-) Law should reflect economic realities Laws should be assessed on their effectiveness

  19. NOAM CHOMSKY(1948-) Human Destiny 3:51 http://www.youtube.com/watch?v=5EbMCIKTNIQ&feature=related Why People Hate Americans 4:09 http://www.youtube.com/watch?v=dAwRu83SGo4&feature=related Into to Noam Chomsky 7:33 Part 1 http://www.youtube.com/watch?v=9CKpCGjD8wg&NR=1 Chomsky Part 2 8:39 http://www.youtube.com/watch?v=oB1q2tdb-Gw&feature=related Law is power Elite class makes true decisions The law works for those in power The media is very influential on laws

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