Life of a Law Student » Foundations of Canadian Law http://www.lifeofalawstudent.com The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Mon, 11 Aug 2008 15:05:02 +0000 http://wordpress.org/?v=2.6 en http://www.lifeofalawstudent.com http://www.lifeofalawstudent.com//wp-content/themes/fleur/img/fdl_icon.gif Life of a Law Student ©Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com (Rob Wiltbank and the LoaLS Team) rob@lifeofalawstudent.com(Rob Wiltbank and the LoaLS Team) 1440 law school, law student, legal, law, court, school, constitution, criminal To make as much legal knowledge and information freely available, to as many people, in as many ways, as is possiblehellip; The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Rob Wiltbank and the LoaLS Team Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com No no http://www.lifeofalawstudent.com/images/podcast.jpg Life of a Law Student http://www.lifeofalawstudent.com 144 144 Foundations of Canadian Law #6: The Hart-Fuller Debate http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-6-the-hart-fuller-debate/ http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-6-the-hart-fuller-debate/#comments Thu, 01 Feb 2007 02:10:21 +0000 Erin http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-6-the-hart-fuller-debate/ This podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard Law Review? Hart defends the positivist stance that law and morality are separate, while Fuller maintains that law must encompass a certain amount of morality to explain its binding power. My Foundations professor tells me that the consensus across the Atlanic is that Hart won the debate. I’m not sure I see it.

]]> http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-6-the-hart-fuller-debate/feed/ 24:42 This podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard ... This podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard Law Review? Hart defends the positivist stance that law and morality are separate, while Fuller maintains that law must encompass a certain amount of morality to explain its binding power. My Foundations professor tells me that the consensus across the Atlanic is that Hart won the debate. I'm not sure I see it. 1L,,Erin,Morgan,,Foundations,of,Canadian,Law,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Foundations of Canadian Law #5: Rules and Obligations http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-5-rules-and-obligations/ http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-5-rules-and-obligations/#comments Thu, 01 Feb 2007 02:09:54 +0000 Erin http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-5-rules-and-obligations/ As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart’s positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social rules. Dworkin criticizes this social rule theory and views duties as a product of normative principles.

HLA Hart, “The Concept of Law”
Ronald Dworkin, “Taking Rights Seriously”

]]> http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-5-rules-and-obligations/feed/ 30:07 As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, ... As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart's positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social rules. Dworkin criticizes this social rule theory and views duties as a product of normative principles. HLA Hart, "The Concept of Law" Ronald Dworkin, "Taking Rights Seriously" 1L,,Erin,Morgan,,Foundations,of,Canadian,Law,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Foundations of Canadian Law #4: Conceptions of Justice http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-4-conceptions-of-justice/ http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-4-conceptions-of-justice/#comments Thu, 01 Feb 2007 02:09:01 +0000 Erin http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-4-conceptions-of-justice/ What is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we discuss Aristotle’s Ethics, Plato’s Republic and Dialogues, and Sophocles’ Anitgone. We will discuss different conceptions of justice, and the moral dilemna that arises in regards to obeying laws which harm us.

]]> http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-4-conceptions-of-justice/feed/ 22:05 What is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we ... What is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we discuss Aristotle's Ethics, Plato's Republic and Dialogues, and Sophocles' Anitgone. We will discuss different conceptions of justice, and the moral dilemna that arises in regards to obeying laws which harm us. 1L,,Erin,Morgan,,Foundations,of,Canadian,Law,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Foundations of Canadian Law #3: Aboriginal Title http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-3-aboriginal-title/ http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-3-aboriginal-title/#comments Thu, 01 Feb 2007 00:57:02 +0000 Erin http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-3-aboriginal-title/ This podcast we look at the landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. This title is not the same as ownership, it is the sui generis right to exclusive use and occupation of the land, inalienable but to the crown. (If you were in Civil Property you’d be musing that the first part sounds a lot like the definition of ownership under article 947 CCQ, except minus the free disposal.) We will also talk about other historic cases dealing with First Nations rights, because it’s a complex and interesting issue. For the record, I think it’s very lame that we only did one class on this, but have spent about four on the “Hart-Fuller debate”.

Delgamuukw v British Columbia (1997)
R v Guerin (1984)
Calder v BC (AG) (1973)
St. Catherine’s Milling v the Queen (1888)

]]> http://www.lifeofalawstudent.com/2007/01/31/foundations-of-canadian-law-3-aboriginal-title/feed/ 24:54 This podcast we look at the landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. ... This podcast we look at the landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. This title is not the same as ownership, it is the sui generis right to exclusive use and occupation of the land, inalienable but to the crown. (If you were in Civil Property you'd be musing that the first part sounds a lot like the definition of ownership under article 947 CCQ, except minus the free disposal.) We will also talk about other historic cases dealing with First Nations rights, because it's a complex and interesting issue. For the record, I think it's very lame that we only did one class on this, but have spent about four on the "Hart-Fuller debate". Delgamuukw v British Columbia (1997) R v Guerin (1984) Calder v BC (AG) (1973) St. Catherine's Milling v the Queen (1888) 1L,,Erin,Morgan,,Foundations,of,Canadian,Law,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Foundations of Canadian Law #2: Court System http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-2-court-system/ http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-2-court-system/#comments Tue, 16 Jan 2007 02:13:55 +0000 Erin http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-2-court-system/ In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and the provincial courts. We will talk a little bit about each court and its jurisdiction.

Supreme Court Act 1985
Constitution Act 1867, s96

]]> http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-2-court-system/feed/ 16:35 In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a ... In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and the provincial courts. We will talk a little bit about each court and its jurisdiction. Supreme Court Act 1985 Constitution Act 1867, s96 1L,,Erin,Morgan,,Foundations,of,Canadian,Law,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Foundations of Canadian Law #1: Civil Law History http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-1-civil-law-history/ http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-1-civil-law-history/#comments Tue, 16 Jan 2007 02:12:38 +0000 Erin http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-1-civil-law-history/ This is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk a little bit about the history of civil law in Canada. For a more comprehensive history of Canada’s pre-confederate legal system you may also listen to Canadian Constitutional Law #3.

Royal Proclaimation 1763
Quebec Act 1774
Coutume de Paris 1510
Civil Code of Lower Canada 1866

]]> http://www.lifeofalawstudent.com/2007/01/15/foundations-of-canadian-law-1-civil-law-history/feed/ 14:19 This is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety ... This is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk a little bit about the history of civil law in Canada. For a more comprehensive history of Canada's pre-confederate legal system you may also listen to Canadian Constitutional Law #3. Royal Proclaimation 1763 Quebec Act 1774 Coutume de Paris 1510 Civil Code of Lower Canada 1866 1L,,Erin,Morgan,,Foundations,of,Canadian,Law,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No