Understanding Legal Philosophy: Key Concepts and Objectives
School
Humber College**We aren't endorsed by this school
Course
PARALEGAL PLBA1000
Subject
Philosophy
Date
Dec 12, 2024
Pages
10
Uploaded by LieutenantComputer15790
2024-01-161PLBA 1000Philosophy of LawModule 1: IntroductionModule Learning Outcomes1. Identify Key course objectives and Learning outcomes2. Learn the interaction between philosophy and philosophy of law3. Consider how knowing about legal philosophy affects your perspective on legal practice212
2024-01-162AgendaIntroductionsOverview of course basics Break Lecture ContentWrap up3C o u r s e34
2024-01-163Course Outline Essentials51.Key course learning objectives 2.Course Schedule 3.Final Mark Assessment 4.Classroom/Student Standards3 Key Course learning Objectives 1Compare a range of perspectives on the nature and role of law in society2Employ a variety of philosophical theories to analyze legal substantive issues3Assess perspectives on the authority of law to reflect on how personal perspectives influence the role of an advocate656
2024-01-164Textbooks Open & Positive Learning Space Attendance & Participation Avoid using cell phones in classAvoid potential penalty –submit assignments on timeStudent and Classroom Expectations14 week Semester = 1 module per week Reading Week: Week of February 26 / Good Friday March 29 Humber Closed Assessments ExaminationsMid-term 20% Final 25%AssignmentsA. 1 20%A. 2 25%Class Participation 10% (all semester –attendance, exercises, debates)Course Schedule & Assessment78
2024-01-165Student and Classroom Expectations•Humber College Academic Regulations •R. 17 Academic Misconduct•https://academic-regulations.humber.ca/2022-2023/17.0-ACADEMIC-MISCONDUCT•What is a typical subject studied by paralegal students? AdvocacySample topic, “Advocacy and the Litigation Process” in J. Kurtz, A. O’Mara & A. Blatt Advocacy for Paralegals, 2ndEd. (Toronto: Emond, 2017). Kurtz et al., “Advocacy for Paralegals was designed to help paralegals prepare and present a case before a court or tribunal” (p.xiii)“The text covers competencies required by Law Society of Upper Canada in the advocacy portion of an accredited paralegal education program and deals with advocacy before the courts and tribunals where licensed paralegals are permitted to appear ” (p.xiii)“Typical” subject for studying law910
2024-01-166Typical subject for studying law con’t: Advocacy + Litigation Process•Kurtz, O’Mara, Blatt: Chapter 1, “Advocacy and the Litigation Process”•Learning outcomes: understand meaning of advocacy, meaning ofsubstantive/procedurallaw,meaningoflawofevidence,importance of preparation to good advocacy•Approach: look at example of small claims court case, provincial offences case and administrative tribunal case to understand how facts are dealt with in a dispute•Chapter provides facts to outline key points in dispute in each of the judicial forums11Typical study of law: Advocacy + Litigation Process Continued•Definitions: advocacy, substantive law, procedural law•Contrasts between forum, substantive law, procedural law venue for 3 scenarios•Defines law of evidence•Outlines key to successful advocacy: science & art + preparation•“Book will teach you skills necessary to become a good advocate” (p. 8)•Textbook provides students with skills and practical understanding of advocacy121112
2024-01-167Law Studies: Applied v AcademicApplied Example: J. Kurtz et al: Advocacy for ParalegalsAudience: StudentsParalegals AcademicLaw studied as academic subjectInvestigator will use different intellectual, theoretical, critical, or scientific methodology to discover answers to inquiries about the lawAudience: Academics, practitioners, judges 13What makes legal studies academic? Jurisprudence•As legal subject•Jurisprudence: legal norms and decisions associated with body of law e.gtort or contract law•https://educaloi.qc.ca/en/publications/what-is-jurisprudence/•As academic subject•"jurisprudence“ intellectual capacity to frame and apply laws according to sound theoretical principles (Canadian Encyclopedia)•Philosophy or science of law •Application of philosophy to law studies: legal problems, legal rules, norms, legal profession, legal rights, institutions, law in action, legal phenomenonJurisprudenceJurisprudence1314
2024-01-168Philosophy•Philosophy: systematic study of ideas and issues regarding knowledge, reality and meaning•Philosophical inquiries inform different humanities, sciences, and social science disciplines•Philosophical inquiries explore understanding of a concept and relation to other principles•Philosophical inquiry: What is the law? •Why do we abide by the law?•How does the law relate to ethics? •Ethics are more than rules for practicing law codified in Paralegal Rules of Conduct/Rules of Professional Conduct•What is ethical legal practice?•Ethics: standards of what is right and wrong in human behaviour•Ethics do not have status of law, but inform why we follow laws (common law, statute, criminal, civil law)152 Primary Theoretical Approaches to Jurisprudence•Theories used to study jurisprudence broadly divided into analytic & normative•Analytic theories: what law is•Critical, analytical, empirical exploration of law that study law as it stands •E.g. explanatory study of how self-represented litigants fare in small-claims court•Normative theories: what law ought to be•Studies law in terms of right and wrong based on correctness, efficiencies and fairness•Involves evaluation of law/legal systems and areas for improvement•E.g. Small claims court favours parties represented by lawyers that can be mitigated by mandatory use of ADR161516
2024-01-169Primary Fields of Jurisprudence •Philosophicalsystemoflegal and moral principlespurportedly deriving fromuniversalizedconceptionofhumannatureordivine justice rather thanfrom legislative or judicialaction•Theory that legal rules arevalidonlybecausetheyare enacted by an existingpoliticalauthorityoraccepted as binding in agiven society, not becausetheyaregroundedinmorality or in natural lawNatural Law TheoryLegal Positivism•Theory that law is basednotonformalrulesorprinciples, but instead onjudicialdecisionsthatshouldderivefromsocietalinterestsandpublic policyLegal Realism17Source: Black’s Law DictionaryPrimary Fields of Jurisprudence: Other •Schoolofthoughtadvancing ideathat thelegalsystem’smanipulativenaturemasksitstruefunction…whichistoperpetuatethesocio-economic status quo•Theory of law derived fromKarlMarxthatcriticallyexposeslawandlegalinstitutions for maintainingpower of ruling class oversocietyCritical legal StudiesMarxist •Philosophical approach tolawstressingactualsocialeffectsoflegalinstitutions, doctrines andpracticesSociological Jurisprudence18Source: Black’s Law Dictionary1718
2024-01-1610Different Epistemologies in Action: Historical Studies of Soviet Union •Traditionalist Scholars •Originated in 1950s •Cold war influenced model•Analyzed Soviet Union as authoritarian, top-down state headed by Stalin that imposed social control and politics on population by terror •Condemned purges•Purges represent totalitarian state in action•Revisionist Scholars•Originated in 1970s•Response to traditionalist scholars•Research focused on social history rather than political perspective allowing for alternate views of Stalinist Soviet Union•Critiqued scope and extent of purges•Addressed positives associated with Soviet advances•How can scholars study same phenomenon but obtain differing findings?•Scholars have different epistemologies: varying views on possibility, scope & basis of knowledge•E.g.: The role of Joseph Stalin as leader of Union of Soviet Socialist Republics and communist party1920