https://kumu.tru.ca/api.php?action=feedcontributions&user=Ralam&feedformat=atomKumu Wiki - TRU - User contributions [en]2024-03-29T08:16:41ZUser contributionsMediaWiki 1.35.8https://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/Feminist_Jurisprudence&diff=5491Course:Law3020/2014WT1/Group A/Feminist Jurisprudence2014-03-28T17:42:50Z<p>Ralam: </p>
<hr />
<div><big>'''Feminist Jurisprudence'''</big><br />
<br />
[[File:Feminist Suffrage Parade in New York City, 1912.jpeg|thumbnail|right|Feminist Suffrage Parade in New York City, 6 May 1912]]<br />
<br />
The root of feminist theory is the idea of systemic patriarchy that infiltrates every level and area of society. Despite theoretical differences in various branches of the subject, feminists agree that patriarchy is unnatural, avoidable, and ultimately at the core of structural inequalities between men and women. The study of feminist jurisprudence is the critical examination and deconstruction of the legal system and its actors in order to surpass hegemonic sex inequalities and create a legal system without a patriarchal bias. This is a particularly challenging undertaking given the subtlety of patriarchal discourse and the reliance of the legal system on judgments of the past; while women are not as marginalized in Western society as they once were, feminist jurisprudence seeks to current even the most inconspicuous inequalities (Dimock 149). <br />
<br />
As Catharine MacKinnon notes in Toward a Feminist Theory of State, the objective standard as it is applied to law and jurisprudence is a vessel for male domination over women in all areas of society. As MacKinnon puts it, “law becomes legitimate and social dominance becomes invisible. Liberal legalism is thus a medium for making male dominance both invisible and legitimate by adopting the male point of view in law at the same time as it enforces that view on society” (Dimock 150). This does not mean that explicit laws exist that perpetuate the male domination of women; rather patriarchy exists at the core of the legal system because traditional law makers were men (the powerful) who created systems without the lived experiences of women. <br />
<br />
In order to create true equality in law, MacKinnon proposes two steps. First, we must acknowledge the fact that the law is currently not understood substantively from women’s perspective, and it is impossible to change that which is purported to not exist. The reality that women face with respect to inequality (for example, domestic violence, salary discrepancies, rape, denial or reproductive freedom, and sexual harassment to name a few) must be faced head on as systematic and ingrained in our political and legal institutions. Second, we must acknowledge that individual rights in law mask patriarchal norms (for example, domestic violence is perpetuated under the guise of privacy rights). As MacKinnon puts it, “the legitimacy of existing law is based on force at women’s expense. Women have never consented to its rule – suggesting that the system’s legitimacy needs repair that women are in a position to provide” (Dimock 157). Once these issues are acknowledged and fleshed out, the abstract nature of the law can shift toward a substantive view that incorporates authority without dominance. <br />
<br />
[[File:MacKinnon.8May.CambridgeMA.png|thumbnail|right|Catharine MacKinnon]]<br />
<br />
<br />
<big>'''Application'''</big><br />
<br />
On the surface, Cuthbertson v Rasouli involves a dispute over the definition of ‘treatment’ and withdrawal of life support in the HCCA, and whether life support can be removed without the consent of the SDM if expert medical opinion deems it to be without benefit. However, a feminist theorist would recognize the patriarchal underpinnings of the statutory scheme that governs consent to treatment. <br />
<br />
As the SDM and wife of Mr. Rasouli, Ms. Salasel is in the best position to make decisions regarding his treatment (and the potential removal of the treatment). The HCCA mandates that the SDM cannot give consent or refuse consent to medical treatment without taking into account certain considerations, such as the medical condition, well being, values, and wishes of the patient (s. 21(2)). For Ms. Salasel, a major consideration involved the religious inclinations of her husband; as a devout Shia Muslim, Mr. Rasouli values life and would want to be kept on life support without the interference of doctors. Further, Ms. Salasel sought the professional opinion of a neurologist who detected increased levels of consciousness in the brain of Mr. Rasouli. Doctors can only discontinue treatment notwithstanding the wishes of the patient or family if they have fully considered other options and find no acceptable alternatives. <br />
<br />
[[File:Karl Marx 001.jpg|thumbnail|left|Karl Marx]]<br />
<br />
However, believing that treatment is futile, the Appellants wish to override the autonomy of Ms. Salasel as the SDM and remove Mr. Rasouli’s life support without her consent by claiming that treatment as governed by the HCCA does not include withdrawal of treatment, thus removing the statutory barrier to withdrawal of life support. MacKinnon would agree that the existing statutes are already mired in systemic patriarchal norms, thus the governing force that legitimizes these laws already does so by excluding the female perspective from the very statute that is supposed to apply to each citizen equally. The challenge of the Appellants to the authority of someone who is clearly best suited to making a sensitive and life-altering decision by subverting the statute and manipulating the common law system further illustrates that the patriarchal-ingrained law allows for the more powerful to override the decisions of those without power. MacKinnon would argue that in order to create true equality in law, the reality of hegemonic power structures in the legal system must be acknowledged and challenged. However, with respect to MacKinnon’s second step, the autonomy and rights of individuals must be respected in order to lend legitimacy to the decisions of substitute decision makers. At the same time, MacKinnon would agree that it is important to acknowledge that on some level, all individual rights mask patriarchal norms simply by virtue of being rooted in a patriarchal climate.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/Feminist_Jurisprudence&diff=5490Course:Law3020/2014WT1/Group A/Feminist Jurisprudence2014-03-28T17:42:11Z<p>Ralam: </p>
<hr />
<div><big>'''Feminist Jurisprudence'''</big><br />
<br />
[[File:Feminist Suffrage Parade in New York City, 1912.jpeg|thumbnail|right|Feminist Suffrage Parade in New York City, 6 May 1912]]<br />
<br />
The root of feminist theory is the idea of systemic patriarchy that infiltrates every level and area of society. Despite theoretical differences in various branches of the subject, feminists agree that patriarchy is unnatural, avoidable, and ultimately at the core of structural inequalities between men and women. The study of feminist jurisprudence is the critical examination and deconstruction of the legal system and its actors in order to surpass hegemonic sex inequalities and create a legal system without a patriarchal bias. This is a particularly challenging undertaking given the subtlety of patriarchal discourse and the reliance of the legal system on judgments of the past; while women are not as marginalized in Western society as they once were, feminist jurisprudence seeks to current even the most inconspicuous inequalities (Dimock 149). <br />
<br />
As Catharine MacKinnon notes in Toward a Feminist Theory of State, the objective standard as it is applied to law and jurisprudence is a vessel for male domination over women in all areas of society. As MacKinnon puts it, “law becomes legitimate and social dominance becomes invisible. Liberal legalism is thus a medium for making male dominance both invisible and legitimate by adopting the male point of view in law at the same time as it enforces that view on society” (Dimock 150). This does not mean that explicit laws exist that perpetuate the male domination of women; rather patriarchy exists at the core of the legal system because traditional law makers were men (the powerful) who created systems without the lived experiences of women. <br />
<br />
In order to create true equality in law, MacKinnon proposes two steps. First, we must acknowledge the fact that the law is currently not understood substantively from women’s perspective, and it is impossible to change that which is purported to not exist. The reality that women face with respect to inequality (for example, domestic violence, salary discrepancies, rape, denial or reproductive freedom, and sexual harassment to name a few) must be faced head on as systematic and ingrained in our political and legal institutions. Second, we must acknowledge that individual rights in law mask patriarchal norms (for example, domestic violence is perpetuated under the guise of privacy rights). As MacKinnon puts it, “the legitimacy of existing law is based on force at women’s expense. Women have never consented to its rule – suggesting that the system’s legitimacy needs repair that women are in a position to provide” (Dimock 157). Once these issues are acknowledged and fleshed out, the abstract nature of the law can shift toward a substantive view that incorporates authority without dominance. <br />
<br />
[[File:MacKinnon.8May.CambridgeMA.png|thumbnail|right|Catharine MacKinnon]]<br />
<br />
<big>'''Application'''</big><br />
<br />
On the surface, Cuthbertson v Rasouli involves a dispute over the definition of ‘treatment’ and withdrawal of life support in the HCCA, and whether life support can be removed without the consent of the SDM if expert medical opinion deems it to be without benefit. However, a feminist theorist would recognize the patriarchal underpinnings of the statutory scheme that governs consent to treatment. <br />
<br />
As the SDM and wife of Mr. Rasouli, Ms. Salasel is in the best position to make decisions regarding his treatment (and the potential removal of the treatment). The HCCA mandates that the SDM cannot give consent or refuse consent to medical treatment without taking into account certain considerations, such as the medical condition, well being, values, and wishes of the patient (s. 21(2)). For Ms. Salasel, a major consideration involved the religious inclinations of her husband; as a devout Shia Muslim, Mr. Rasouli values life and would want to be kept on life support without the interference of doctors. Further, Ms. Salasel sought the professional opinion of a neurologist who detected increased levels of consciousness in the brain of Mr. Rasouli. Doctors can only discontinue treatment notwithstanding the wishes of the patient or family if they have fully considered other options and find no acceptable alternatives. <br />
<br />
[[File:Karl Marx 001.jpg|thumbnail|left|Karl Marx]]<br />
<br />
However, believing that treatment is futile, the Appellants wish to override the autonomy of Ms. Salasel as the SDM and remove Mr. Rasouli’s life support without her consent by claiming that treatment as governed by the HCCA does not include withdrawal of treatment, thus removing the statutory barrier to withdrawal of life support. MacKinnon would agree that the existing statutes are already mired in systemic patriarchal norms, thus the governing force that legitimizes these laws already does so by excluding the female perspective from the very statute that is supposed to apply to each citizen equally. The challenge of the Appellants to the authority of someone who is clearly best suited to making a sensitive and life-altering decision by subverting the statute and manipulating the common law system further illustrates that the patriarchal-ingrained law allows for the more powerful to override the decisions of those without power. MacKinnon would argue that in order to create true equality in law, the reality of hegemonic power structures in the legal system must be acknowledged and challenged. However, with respect to MacKinnon’s second step, the autonomy and rights of individuals must be respected in order to lend legitimacy to the decisions of substitute decision makers. At the same time, MacKinnon would agree that it is important to acknowledge that on some level, all individual rights mask patriarchal norms simply by virtue of being rooted in a patriarchal climate.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/Feminist_Jurisprudence&diff=5363Course:Law3020/2014WT1/Group A/Feminist Jurisprudence2014-03-28T06:24:49Z<p>Ralam: </p>
<hr />
<div><big>'''Feminst Jurisprudence'''</big><br />
<br />
[[File:Feminist Suffrage Parade in New York City, 1912.jpeg|thumbnail|right|Feminist Suffrage Parade in New York City, 6 May 1912]]<br />
<br />
The root of feminist theory is the idea of systemic patriarchy that infiltrates every level and area of society. Despite theoretical differences in various branches of the subject, feminists agree that patriarchy is unnatural, avoidable, and ultimately at the core of structural inequalities between men and women. The study of feminist jurisprudence is the critical examination and deconstruction of the legal system and its actors in order to surpass hegemonic sex inequalities and create a legal system without a patriarchal bias. This is a particularly challenging undertaking given the subtlety of patriarchal discourse and the reliance of the legal system on judgments of the past; while women are not as marginalized in Western society as they once were, feminist jurisprudence seeks to current even the most inconspicuous inequalities (Dimock 149). <br />
<br />
As Catharine MacKinnon notes in Toward a Feminist Theory of State, the objective standard as it is applied to law and jurisprudence is a vessel for male domination over women in all areas of society. As MacKinnon puts it, “law becomes legitimate and social dominance becomes invisible. Liberal legalism is thus a medium for making male dominance both invisible and legitimate by adopting the male point of view in law at the same time as it enforces that view on society” (Dimock 150). This does not mean that explicit laws exist that perpetuate the male domination of women; rather patriarchy exists at the core of the legal system because traditional law makers were men (the powerful) who created systems without the lived experiences of women. <br />
<br />
In order to create true equality in law, MacKinnon proposes two steps. First, we must acknowledge the fact that the law is currently not understood substantively from women’s perspective, and it is impossible to change that which is purported to not exist. The reality that women face with respect to inequality (for example, domestic violence, salary discrepancies, rape, denial or reproductive freedom, and sexual harassment to name a few) must be faced head on as systematic and ingrained in our political and legal institutions. Second, we must acknowledge that individual rights in law mask patriarchal norms (for example, domestic violence is perpetuated under the guise of privacy rights). As MacKinnon puts it, “the legitimacy of existing law is based on force at women’s expense. Women have never consented to its rule – suggesting that the system’s legitimacy needs repair that women are in a position to provide” (Dimock 157). Once these issues are acknowledged and fleshed out, the abstract nature of the law can shift toward a substantive view that incorporates authority without dominance. <br />
<br />
[[File:MacKinnon.8May.CambridgeMA.png|thumbnail|right|Catharine MacKinnon]]<br />
<br />
On the surface, Cuthbertson v Rasouli involves a dispute over the definition of ‘treatment’ and withdrawal of life support in the HCCA, and whether life support can be removed without the consent of the SDM if expert medical opinion deems it to be without benefit. However, a feminist theorist would recognize the patriarchal underpinnings of the statutory scheme that governs consent to treatment. <br />
<br />
As the SDM and wife of Mr. Rasouli, Ms. Salasel is in the best position to make decisions regarding his treatment (and the potential removal of the treatment). The HCCA mandates that the SDM cannot give consent or refuse consent to medical treatment without taking into account certain considerations, such as the medical condition, well being, values, and wishes of the patient (s. 21(2)). For Ms. Salasel, a major consideration involved the religious inclinations of her husband; as a devout Shia Muslim, Mr. Rasouli values life and would want to be kept on life support without the interference of doctors. Further, Ms. Salasel sought the professional opinion of a neurologist who detected increased levels of consciousness in the brain of Mr. Rasouli. Doctors can only discontinue treatment notwithstanding the wishes of the patient or family if they have fully considered other options and find no acceptable alternatives. <br />
<br />
[[File:Karl Marx 001.jpg|thumbnail|left|Karl Marx]]<br />
<br />
However, believing that treatment is futile, the Appellants wish to override the autonomy of Ms. Salasel as the SDM and remove Mr. Rasouli’s life support without her consent by claiming that treatment as governed by the HCCA does not include withdrawal of treatment, thus removing the statutory barrier to withdrawal of life support. MacKinnon would agree that the existing statutes are already mired in systemic patriarchal norms, thus the governing force that legitimizes these laws already does so by excluding the female perspective from the very statute that is supposed to apply to each citizen equally. The challenge of the Appellants to the authority of someone who is clearly best suited to making a sensitive and life-altering decision by subverting the statute and manipulating the common law system further illustrates that the patriarchal-ingrained law allows for the more powerful to override the decisions of those without power. MacKinnon would argue that in order to create true equality in law, the reality of hegemonic power structures in the legal system must be acknowledged and challenged. However, with respect to MacKinnon’s second step, the autonomy and rights of individuals must be respected in order to lend legitimacy to the decisions of substitute decision makers. At the same time, MacKinnon would agree that it is important to acknowledge that on some level, all individual rights mask patriarchal norms simply by virtue of being rooted in a patriarchal climate.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/Feminist_Jurisprudence&diff=5361Course:Law3020/2014WT1/Group A/Feminist Jurisprudence2014-03-28T06:23:57Z<p>Ralam: </p>
<hr />
<div><big>'''Feminst Jurisprudence''</big><br />
<br />
[[File:Feminist Suffrage Parade in New York City, 1912.jpeg|thumbnail|right|Feminist Suffrage Parade in New York City, 6 May 1912]]<br />
<br />
The root of feminist theory is the idea of systemic patriarchy that infiltrates every level and area of society. Despite theoretical differences in various branches of the subject, feminists agree that patriarchy is unnatural, avoidable, and ultimately at the core of structural inequalities between men and women. The study of feminist jurisprudence is the critical examination and deconstruction of the legal system and its actors in order to surpass hegemonic sex inequalities and create a legal system without a patriarchal bias. This is a particularly challenging undertaking given the subtlety of patriarchal discourse and the reliance of the legal system on judgments of the past; while women are not as marginalized in Western society as they once were, feminist jurisprudence seeks to current even the most inconspicuous inequalities (Dimock 149). <br />
<br />
As Catharine MacKinnon notes in Toward a Feminist Theory of State, the objective standard as it is applied to law and jurisprudence is a vessel for male domination over women in all areas of society. As MacKinnon puts it, “law becomes legitimate and social dominance becomes invisible. Liberal legalism is thus a medium for making male dominance both invisible and legitimate by adopting the male point of view in law at the same time as it enforces that view on society” (Dimock 150). This does not mean that explicit laws exist that perpetuate the male domination of women; rather patriarchy exists at the core of the legal system because traditional law makers were men (the powerful) who created systems without the lived experiences of women. <br />
<br />
In order to create true equality in law, MacKinnon proposes two steps. First, we must acknowledge the fact that the law is currently not understood substantively from women’s perspective, and it is impossible to change that which is purported to not exist. The reality that women face with respect to inequality (for example, domestic violence, salary discrepancies, rape, denial or reproductive freedom, and sexual harassment to name a few) must be faced head on as systematic and ingrained in our political and legal institutions. Second, we must acknowledge that individual rights in law mask patriarchal norms (for example, domestic violence is perpetuated under the guise of privacy rights). As MacKinnon puts it, “the legitimacy of existing law is based on force at women’s expense. Women have never consented to its rule – suggesting that the system’s legitimacy needs repair that women are in a position to provide” (Dimock 157). Once these issues are acknowledged and fleshed out, the abstract nature of the law can shift toward a substantive view that incorporates authority without dominance. <br />
<br />
[[File:MacKinnon.8May.CambridgeMA.png|thumbnail|right|Catharine MacKinnon]]<br />
<br />
On the surface, Cuthbertson v Rasouli involves a dispute over the definition of ‘treatment’ and withdrawal of life support in the HCCA, and whether life support can be removed without the consent of the SDM if expert medical opinion deems it to be without benefit. However, a feminist theorist would recognize the patriarchal underpinnings of the statutory scheme that governs consent to treatment. <br />
<br />
As the SDM and wife of Mr. Rasouli, Ms. Salasel is in the best position to make decisions regarding his treatment (and the potential removal of the treatment). The HCCA mandates that the SDM cannot give consent or refuse consent to medical treatment without taking into account certain considerations, such as the medical condition, well being, values, and wishes of the patient (s. 21(2)). For Ms. Salasel, a major consideration involved the religious inclinations of her husband; as a devout Shia Muslim, Mr. Rasouli values life and would want to be kept on life support without the interference of doctors. Further, Ms. Salasel sought the professional opinion of a neurologist who detected increased levels of consciousness in the brain of Mr. Rasouli. Doctors can only discontinue treatment notwithstanding the wishes of the patient or family if they have fully considered other options and find no acceptable alternatives. <br />
<br />
[[File:Karl Marx 001.jpg|thumbnail|left|Karl Marx]]<br />
<br />
However, believing that treatment is futile, the Appellants wish to override the autonomy of Ms. Salasel as the SDM and remove Mr. Rasouli’s life support without her consent by claiming that treatment as governed by the HCCA does not include withdrawal of treatment, thus removing the statutory barrier to withdrawal of life support. MacKinnon would agree that the existing statutes are already mired in systemic patriarchal norms, thus the governing force that legitimizes these laws already does so by excluding the female perspective from the very statute that is supposed to apply to each citizen equally. The challenge of the Appellants to the authority of someone who is clearly best suited to making a sensitive and life-altering decision by subverting the statute and manipulating the common law system further illustrates that the patriarchal-ingrained law allows for the more powerful to override the decisions of those without power. MacKinnon would argue that in order to create true equality in law, the reality of hegemonic power structures in the legal system must be acknowledged and challenged. However, with respect to MacKinnon’s second step, the autonomy and rights of individuals must be respected in order to lend legitimacy to the decisions of substitute decision makers. At the same time, MacKinnon would agree that it is important to acknowledge that on some level, all individual rights mask patriarchal norms simply by virtue of being rooted in a patriarchal climate.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/Feminist_Jurisprudence&diff=5360Course:Law3020/2014WT1/Group A/Feminist Jurisprudence2014-03-28T06:22:27Z<p>Ralam: </p>
<hr />
<div>big><big>'''Feminst<big></big>Jurisprudence'''</big></big> <br />
<br />
[[File:Feminist Suffrage Parade in New York City, 1912.jpeg|thumbnail|right|Feminist Suffrage Parade in New York City, 6 May 1912]]<br />
<br />
The root of feminist theory is the idea of systemic patriarchy that infiltrates every level and area of society. Despite theoretical differences in various branches of the subject, feminists agree that patriarchy is unnatural, avoidable, and ultimately at the core of structural inequalities between men and women. The study of feminist jurisprudence is the critical examination and deconstruction of the legal system and its actors in order to surpass hegemonic sex inequalities and create a legal system without a patriarchal bias. This is a particularly challenging undertaking given the subtlety of patriarchal discourse and the reliance of the legal system on judgments of the past; while women are not as marginalized in Western society as they once were, feminist jurisprudence seeks to current even the most inconspicuous inequalities (Dimock 149). <br />
<br />
As Catharine MacKinnon notes in Toward a Feminist Theory of State, the objective standard as it is applied to law and jurisprudence is a vessel for male domination over women in all areas of society. As MacKinnon puts it, “law becomes legitimate and social dominance becomes invisible. Liberal legalism is thus a medium for making male dominance both invisible and legitimate by adopting the male point of view in law at the same time as it enforces that view on society” (Dimock 150). This does not mean that explicit laws exist that perpetuate the male domination of women; rather patriarchy exists at the core of the legal system because traditional law makers were men (the powerful) who created systems without the lived experiences of women. <br />
<br />
In order to create true equality in law, MacKinnon proposes two steps. First, we must acknowledge the fact that the law is currently not understood substantively from women’s perspective, and it is impossible to change that which is purported to not exist. The reality that women face with respect to inequality (for example, domestic violence, salary discrepancies, rape, denial or reproductive freedom, and sexual harassment to name a few) must be faced head on as systematic and ingrained in our political and legal institutions. Second, we must acknowledge that individual rights in law mask patriarchal norms (for example, domestic violence is perpetuated under the guise of privacy rights). As MacKinnon puts it, “the legitimacy of existing law is based on force at women’s expense. Women have never consented to its rule – suggesting that the system’s legitimacy needs repair that women are in a position to provide” (Dimock 157). Once these issues are acknowledged and fleshed out, the abstract nature of the law can shift toward a substantive view that incorporates authority without dominance. <br />
<br />
On the surface, Cuthbertson v Rasouli involves a dispute over the definition of ‘treatment’ and withdrawal of life support in the HCCA, and whether life support can be removed without the consent of the SDM if expert medical opinion deems it to be without benefit. However, a feminist theorist would recognize the patriarchal underpinnings of the statutory scheme that governs consent to treatment. <br />
<br />
[[File:MacKinnon.8May.CambridgeMA.png|thumbnail|right|Catharine MacKinnon]]<br />
<br />
As the SDM and wife of Mr. Rasouli, Ms. Salasel is in the best position to make decisions regarding his treatment (and the potential removal of the treatment). The HCCA mandates that the SDM cannot give consent or refuse consent to medical treatment without taking into account certain considerations, such as the medical condition, well being, values, and wishes of the patient (s. 21(2)). For Ms. Salasel, a major consideration involved the religious inclinations of her husband; as a devout Shia Muslim, Mr. Rasouli values life and would want to be kept on life support without the interference of doctors. Further, Ms. Salasel sought the professional opinion of a neurologist who detected increased levels of consciousness in the brain of Mr. Rasouli. Doctors can only discontinue treatment notwithstanding the wishes of the patient or family if they have fully considered other options and find no acceptable alternatives. <br />
<br />
[[File:Karl Marx 001.jpg|thumbnail|left|Karl Marx]]<br />
<br />
However, believing that treatment is futile, the Appellants wish to override the autonomy of Ms. Salasel as the SDM and remove Mr. Rasouli’s life support without her consent by claiming that treatment as governed by the HCCA does not include withdrawal of treatment, thus removing the statutory barrier to withdrawal of life support. MacKinnon would agree that the existing statutes are already mired in systemic patriarchal norms, thus the governing force that legitimizes these laws already does so by excluding the female perspective from the very statute that is supposed to apply to each citizen equally. The challenge of the Appellants to the authority of someone who is clearly best suited to making a sensitive and life-altering decision by subverting the statute and manipulating the common law system further illustrates that the patriarchal-ingrained law allows for the more powerful to override the decisions of those without power. MacKinnon would argue that in order to create true equality in law, the reality of hegemonic power structures in the legal system must be acknowledged and challenged. However, with respect to MacKinnon’s second step, the autonomy and rights of individuals must be respected in order to lend legitimacy to the decisions of substitute decision makers. At the same time, MacKinnon would agree that it is important to acknowledge that on some level, all individual rights mask patriarchal norms simply by virtue of being rooted in a patriarchal climate.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5359Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T06:17:15Z<p>Ralam: </p>
<hr />
<div><br />
<big>'''Ronald Dworkin: System of Rights'''</big> <br />
<br />
[[File:Ronald Dworkin at the Brooklyn Book Festival.jpg|thumbnail|right|Ronald Dworkin]]<br />
<br />
=='''Theory'''==<br />
<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
[[File:RonaldDworkin.jpg|thumbnail|left|Ronald Dworkin]]<br />
<br />
=='''Application'''==<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.<br />
<br />
=='''Conclusion'''==<br />
<br />
In conclusion, principles form a large portion of Dworkin's framework. Dworkin believed that principles were ever changing, and the judiciary adapted to incorporate these principles. The stream will continue to pick up new sediments as the stream continues to flow, just as society picks up new principles as society continues to evolve. <br />
<br />
[[File:RDworkin.jpg|thumbnail|right|Ronald Dworkin]]</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5353Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T06:13:44Z<p>Ralam: </p>
<hr />
<div><br />
<big>'''Ronald Dworkin: System of Rights'''</big> <br />
<br />
[[File:Ronald Dworkin at the Brooklyn Book Festival.jpg|thumbnail|right|Ronald Dworkin]]<br />
<br />
=='''Theory'''==<br />
<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
[[File:RonaldDworkin.jpg|thumbnail|left|Ronald Dworkin]]<br />
<br />
=='''Application'''==<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.<br />
<br />
[[File:RDworkin.jpg|thumbnail|right|Ronald Dworkin]]</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5352Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T06:13:04Z<p>Ralam: </p>
<hr />
<div><br />
<big>big><big>'''Ronald<big></big> Dworkin: System of Rights'''</big></big></big> <br />
<br />
[[File:Ronald Dworkin at the Brooklyn Book Festival.jpg|thumbnail|right|Ronald Dworkin]]<br />
<br />
=='''Theory'''==<br />
<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
[[File:RonaldDworkin.jpg|thumbnail|left|Ronald Dworkin]]<br />
<br />
=='''Application'''==<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.<br />
<br />
[[File:RDworkin.jpg|thumbnail|right|Ronald Dworkin]]</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5349Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T06:12:05Z<p>Ralam: </p>
<hr />
<div><br />
big><big>'''Ronald<big></big> Dworkin: System of Rights'''</big></big> <br />
<br />
[[File:Ronald Dworkin at the Brooklyn Book Festival.jpg|thumbnail|right|Ronald Dworkin]]<br />
<br />
=='''Theory'''==<br />
<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
[[File:RonaldDworkin.jpg|thumbnail|left|Ronald Dworkin]]<br />
<br />
=='''Application'''==<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.<br />
<br />
[[File:RDworkin.jpg|thumbnail|right|Ronald Dworkin]]</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5335Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T05:56:31Z<p>Ralam: </p>
<hr />
<div><br />
=== '''System of Rights: Ronald Dworkin""<br />
<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
<br />
<br />
=== ''''Application'''''' ===<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5331Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T05:54:54Z<p>Ralam: </p>
<hr />
<div><gallery><br />
File: http://upload.wikimedia.org/wikipedia/commons/8/80/Ronald_Dworkin_at_the_Brooklyn_Book_Festival.jpg|Caption1<br />
File:Example.jpg|Caption2<br />
</gallery><br />
=== '''System of Rights: Ronald Dworkin''' ===<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
<br />
<br />
=== ''''Application'''''' ===<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5323Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T05:53:21Z<p>Ralam: </p>
<hr />
<div><br />
=== '''System of Rights: Ronald Dworkin''' ===<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
<br />
<br />
=== ''''Application'''''' ===<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5319Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T05:51:40Z<p>Ralam: </p>
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'''System of Rights: Ronald Dworkin'''<br />
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Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
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Application<br />
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In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.</div>Ralamhttps://kumu.tru.ca/index.php?title=Course:Law3020/2014WT1/Group_A/System_Of_Rights&diff=5316Course:Law3020/2014WT1/Group A/System Of Rights2014-03-28T05:49:55Z<p>Ralam: Created page with " Ronald Dworkin: Law, Principles, and Rights: Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a r..."</p>
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Ronald Dworkin: Law, Principles, and Rights:<br />
<br />
Dworkin’s theory is founded on the idea that law contains not only rules, but principles also. If a case is not decided by a rule, it will be covered by principles, legally binding because they form part of the law. Law itself is premised on the process of adjudication, and judges apply principles of justice and fairness throughout the process, thus law is founded on these principles just as it is on legal rules. Dworkin argues that law encompasses more than legal rules, it further encompasses principles and policies. Policies are social goals furthered for a certain segment of the population, and principles are based on fundamental ideas of justice and fairness that support certain rights and duties. Metaphorically, a stream can be thought of as a unified body of principles. This stream changes as it flows with time. Similar to a stream these principles come to us from somewhere else, they come to us from the past. As the stream moves through time it moves through a landscape, composed of various sediments. As it flows through the world like sediment, principles enter into the stream, and contrarily sometimes sediment will leach out and go back into the dirt and new sediment will be picked up. Principles are characterized as having a quality of weight, and importance that rules do not. Judicially, judges may have the onus of weighing principles pointing in opposite directions against each other in the formulation of their decision. The distinction between rules and principles is not always clear. Dworkin states however that there is always a right answer, because principles are part of the law judges have to apply principles and there is a right way and a wrong way to apply them. Principles are most important in hard cases, after which they come to stand for a new rule, which was inexistent prior to the case. Principles such as these become binding, and judges are required to follow them where they are important. Principles dictate both discretion and rules. Rules are binding in the sense that the court cannot just disregard them. The origin of principles draws from a sense of appropriateness developed in both profession and public through time. Further, it lies in appropriateness being sustained. Principles are controversial, important, and they are constantly changing as society develops with time. Arguments of policy tend to justify political decisions by showing how the decision contributes to protecting the community, and arguments of principle justify a political decision by portraying how it protects individual or group rights. Judges tend to be guided by principle, whereas legislatures are directed by policy coupled with principles. Judicial reasoning is constantly interpretive in the sense that it draws on the past and the future, interpreting law as unfolding portraying a concept of justice and fairness. <br />
<br />
<br />
Application<br />
<br />
In the case at hand Mr. Rasouli was on life support. The physicians treating him thought it would be in his best interest to be taken off life support, as they thought he was beyond recovery and was merely a soul less body. The wife and family of Mr. Rasouli on the contrary wanted to keep him alive. Applying the theory at hand, Dworkin is a strong believer of applying principles of justice and fairness. Dworkin argues that this concept of justice and fairness is how society progresses, and further forms the basis of judicial decisions at large. Applying the concept of principles, prior to the enactment of a law mandating the requirement that either the patient or the decision-maker was the only one allowed to pull the life support, physicians have a say. However, society at large would likely be appalled by this decision. How can someone so far removed from the family unit, the religious beliefs, and the moral principles of the patient have the ultimate say in the termination of their lives. It seems that it had become a hardwired principle that if the patient did not ultimately dictate their wishes then the decision maker was the next in line. A physician cannot take into account the religious principles believed by members of faiths they are not members of. Mr. Rasouli is a member of the Shia Muslim faith which believes life should be prolonged as long as possible, and in the case at hand the physicians wished to end his life prior to that point. The origin of principles stems from appropriateness. In this case, the physicians making the ultimate decision as to whether Mr. Rasouli would live or not does not seem to be appropriate. Over time a principle becomes a part of the stream, and becomes accepted more and more. In the case at hand, it became a rule that either the patient or the decision maker would ultimately make the decision as to whether the plug would be pulled. On the opposing side are critics who felt that it would be best to free up beds and save other lives. The patient was in a vegetative state with no chance of recovery, thus why waste bed space. This is an opposing principle. Ultimately, the judiciary takes into account the various principles and decides upon which outweighs the other. The principle here leans towards a favor in the patients and decision maker’s direction. Dworkin pushed for principles of justice and fairness, and in the case at hand it is only just and fair to allow the patient and decision maker to have the ultimate says.</div>Ralam