Unit One:. Law and Society. The Dumbest Things Ever Said in Court. The following were posed by real-live lawyers and taken from court records (and borrowed from Duhaime.org ). “Was that the same nose you broke as a child?” “Was it you or your brother that was killed in the war?”
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Law and Society
With a partner, discuss the meaning of the following quotes. Now, choose the one that you feel best fits with your personal philosophy, and be prepared to explain your rationale.
The Civil Code of Lower Canada remained unchanged until 1955, when changes began to be made. By the late 1980s, it was realized that a major revision was required. A new Civil Code of Quebec came into force on February 1, 1994.
We consider a law unjust if it discriminates on the basis of irrelevant characteristics. You might be ok with being refused entrance to a restricted movie if you didn’t have proof of age, but if you were denied based on the color of your eyes, you would likely not be ok with that.
Based on this excerpt, what conclusions can you draw about the concept of justice in Hebrew society at this time?
Public persecution of crimes
System of victim compensation
Protected the lower class from being abused by the upper class
BUT, reflected a patriarchal society (women weren’t mentioned as they had no status)
Their society had spread throughout Europe, as did their laws.
New laws were made to decide matters such as what constituted criminal behaviour, how contracts should be regulated, how everyday disputes between citizens should be resolved.
It became necessary to have expert oversee the system: lawyers
Practice of having an advisor (lawyer) became prevalent
When a lord can’t decide a case, he uses a method called trial by ordeal. The accused undergoes a torture, and guilt or innocence is determined by the outcome. God is said to have decided. Dead? Guilty. (trial by hot iron, trial by hot water, trial by cold water).
Canadian juries are a modern version of Greek juries (accused has the right to be tried by an impartial jury of his peers).