Canadian & Int`l Law: CLN4U

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Canadian & Int’l Law: CLN4U- Unit One Assignment
PHILOSPHERS AND LEGAL THEORISTS
This assignment will allow you the opportunity to:
-explain the historical and philosophical origins of law and their connection and
relevance to contemporary society;
-trace the development of law from its primary sources in religion, customs, and
social and political philosophy;
-evaluate different concepts, principles, philosophies, and theories of law;
-explain legal concepts such as democracy, justice, equity, equality, rule of law,
sovereignty, and primacy of the right.
-analyze the views of historical and contemporary philosophers of law (e.g.,
Socrates, Aristotle, John Locke, Jeremy Bentham, Thomas Hobbes)
-evaluate the strengths and weaknesses of different theories of law (e.g., natural
and positive law, legal realism, feminist law);
-explain the concept of justice as defined by philosophers and legal scholars;
Instructions: Each group will be assigned a philosopher/theorist from the list.
You will be responsible for researching this philosopher/theorist, creating a
concise handout and preparing a creative presentation for the class.
Your presentation and handout should include the following
information:
1. A short profile of who the philosopher/theorist was.
2. Their philosophy on law, including his viewpoints on legal
concepts, (e.g. Position on positive and natural law, view point
on what justice is).
3. An evaluation of the strengths and weaknesses of the
philosopher or theorist’s viewpoint in your opinion.
4. A sample of writing from your philosopher on the topic of law, justice or a
legal issue.
5. Your philosopher’s position on a contemporary controversial issue (ex:
capital punishment, euthanasia).
6. Whether or not the philosopher/theorist would have supported the idea of
“civil disobedience” and why.
7. How this philosopher or theorist would define the concept of “justice” in
your opinion.
Presentation Concepts:
You have heard of Dr. Phil, but have you heard of Dr. Philosopher? Why don’t
you have your philosopher make a guest appearance on the Dr. Phil show? How
about creating a game show instead? A neat idea could be to be mourners at
your philosopher’s funeral. Take some time to plan a creative presentation
conceptPhilosophers/Legal Theories/Theorists
1) Socrates *
8) Jeremy Bentham *
2) Plato *
8) John Austin *
3) Aristotle *
9) Karl Marx-Marxism *
4) St. Augustine
10) Legal Realism *
5) St. Thomas Aquinas *
10) Feminist Jurisprudence *
6) Thomas Hobbes *
11) Lon Fuller (Procedural Justice) *
7) John Locke *
11) Philip Selznick (Restraint of Power)
*
Helpful Websites and Resources:
Dimensions of Law: Canadian and International Law in the 21st Century.
Toronto: Emond Montgomery Publications, 2003.
The Internet Encyclopedia of Philosophy:
http://www.iep.utm.edu/
http://www.scholiast.org/history/histphil.html
The Jurists – http://www.blupete.com/Literature/Biographies/Law/Jurists.htm
Philosophers – http://www.philosophypages.com/ph/
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