The Legal Campaign for Prostitution Abolition in canadamaxfungo
This document summarizes Canada's history of laws around prostitution and the recent legal campaign for abolition. It provides context on past laws criminalizing various parties. The Bedford case struck down laws as unconstitutional for putting safety at risk. New 2014 laws criminalize buying sex but not selling it, to reduce demand. The document argues prostitution discriminates and a Swedish-style model is needed to address harms, not a decriminalized or regulated system.
Sexual Assault Law Reform in Canada as a Catalyst for Social Change maxfungo
The document summarizes the history and evolution of sexual assault laws in Canada from 1892 to present. Key reforms include: (1) replacing gender-specific rape laws with sexual assault in 1983; (2) defining consent and limiting defenses in 1992; and (3) ongoing reforms to address issues like intoxication, age of consent, and fraud. However, reporting and conviction rates remain low due to entrenched social attitudes and evidentiary challenges in court.
1. Ronald Dworkin defends the philosophical thesis of the unity of value, that all values are fundamentally one.
2. He argues that values like ethics, morality, politics, law, and impersonal values are interconnected and not in conflict.
3. Dworkin presents a substantive account of core values like ethics, morality, political morality, law, legitimacy, justice, freedom, equality, and democracy to illustrate their underlying unity.
The document discusses several concepts from Rousseau's works, including:
1) Conflicts arise between claims of justice based on strength versus claims based on need or first possession, leading to violence.
2) Rousseau argues that justice comes from submitting to conditions imposed on others, and justice must be reciprocal to be accepted.
3) Putting the law above man is problematic, as the legislative power is essential to the state and laws must have ongoing force from the people's will to govern.
Cass Sunstein is an American legal scholar known for his extensive work on constitutional law, administrative law, and political philosophy. He has authored over 30 books and hundreds of articles on various topics. Some of his most well-known books include The Partial Constitution (1994), which critiques theories of constitutional interpretation; Nudge (2008), which explores libertarian paternalism; and Radicals in Robes (2005), which argues against extreme right-wing courts. Throughout his career, Sunstein has advocated for deliberative democracy and sought to reconcile individual rights with collective self-governance.
John Rawls was a political philosopher who argued that a just society should prioritize civil liberties and fairness. He believed that principles of justice could be determined through an "original position" where people chose principles without knowing their place in society. Rawls argued for two principles of justice: 1) Equal basic liberties for all, and 2) Social and economic inequalities must benefit society's least advantaged and be attached to positions open to all. He believed civil disobedience could be justified in instances of clear injustice where legal means of redress have failed without undermining the rule of law.
The Legal Campaign for Prostitution Abolition in canadamaxfungo
This document summarizes Canada's history of laws around prostitution and the recent legal campaign for abolition. It provides context on past laws criminalizing various parties. The Bedford case struck down laws as unconstitutional for putting safety at risk. New 2014 laws criminalize buying sex but not selling it, to reduce demand. The document argues prostitution discriminates and a Swedish-style model is needed to address harms, not a decriminalized or regulated system.
Sexual Assault Law Reform in Canada as a Catalyst for Social Change maxfungo
The document summarizes the history and evolution of sexual assault laws in Canada from 1892 to present. Key reforms include: (1) replacing gender-specific rape laws with sexual assault in 1983; (2) defining consent and limiting defenses in 1992; and (3) ongoing reforms to address issues like intoxication, age of consent, and fraud. However, reporting and conviction rates remain low due to entrenched social attitudes and evidentiary challenges in court.
1. Ronald Dworkin defends the philosophical thesis of the unity of value, that all values are fundamentally one.
2. He argues that values like ethics, morality, politics, law, and impersonal values are interconnected and not in conflict.
3. Dworkin presents a substantive account of core values like ethics, morality, political morality, law, legitimacy, justice, freedom, equality, and democracy to illustrate their underlying unity.
The document discusses several concepts from Rousseau's works, including:
1) Conflicts arise between claims of justice based on strength versus claims based on need or first possession, leading to violence.
2) Rousseau argues that justice comes from submitting to conditions imposed on others, and justice must be reciprocal to be accepted.
3) Putting the law above man is problematic, as the legislative power is essential to the state and laws must have ongoing force from the people's will to govern.
Cass Sunstein is an American legal scholar known for his extensive work on constitutional law, administrative law, and political philosophy. He has authored over 30 books and hundreds of articles on various topics. Some of his most well-known books include The Partial Constitution (1994), which critiques theories of constitutional interpretation; Nudge (2008), which explores libertarian paternalism; and Radicals in Robes (2005), which argues against extreme right-wing courts. Throughout his career, Sunstein has advocated for deliberative democracy and sought to reconcile individual rights with collective self-governance.
John Rawls was a political philosopher who argued that a just society should prioritize civil liberties and fairness. He believed that principles of justice could be determined through an "original position" where people chose principles without knowing their place in society. Rawls argued for two principles of justice: 1) Equal basic liberties for all, and 2) Social and economic inequalities must benefit society's least advantaged and be attached to positions open to all. He believed civil disobedience could be justified in instances of clear injustice where legal means of redress have failed without undermining the rule of law.
14. • 德國民法典第一草案
◦ § 797 E I
物之占有,因獲得對物之事實上管領力(持有),
且持有人具備將該物作為自己所有之意思(占有
意思)而取得。
◦ § 821 Abs. 1 E I
持有人非同時為占有人者,持有人依 §§ 819, 820
取得之權利,占有人亦享有之。於持有遭剝奪之
情況,若原持有人不願重新承受持有,占有人得
請求向其自己回復持有。
15. • Rudolf von Jhering, “Ist die
Jurisprudenz eine Wissenschaft?”,
Göttingen 1998, S. 91
◦ 「法學就是在法律事物 (Dinge des Rechts) 中的科
學意識。這種意識,必須往法哲學的面向發展,
以便探求現實世界法律之起源與效力所賴以成立
之最終基礎;它必須在法律史的面向上,追溯自
己曾經走過的所有道路,好能使自己從一個階段
邁向下個階段,以臻於更高之圓滿;它也必須在
釋義學的面向上,將所有我們藉著對法律之認識
與掌握,而獲致之暫時性的高點與終點,匯集於
經驗與事實,並且基於實際使用之目的安排這些
素材,進行科學式的鋪陳。」