Is the Charter of Rights and Freedoms Antidemocratic and Un-Canadian? The Canadian Charter of Rights and Freedoms exists in our country as a bill of rights in Canada’s Constitution. Indeed, the Charter plays a vital role in Canadian law. Robert Martin argues two things, the first being that the Charter is antidemocratic, and the second is that the Charter is un-Canadian. Conversely, Philip L. Bryden argues against Martin, concluding that the charter is indeed democratic and Canadian.
Birch was preceded by a path-breaking line of cases in which Canadian appellate courts signalled their willingness to depart from the strict common law rule against enforcing a stipulated remedy that amounts to a penalty rather than a genuine pre-estimate of damages.2 Those cases marked a positive development in Canadian contract law, as adherence to the traditional rule against penalty clauses is difficult to justify. This is not to say that all penalty clauses ought to be enforced. But some of them should be enforced, while the reasons not to enforce the rest are more or less the same as the reasons not to enforce other contractual provisions. Consequently, doctrines such as unconscionability, mistake, and contra proferentem ought to be capable of addressing concerns relevant to the enforceability of stipulated remedies. There is no need for a rule that singles out penalty clauses for special treatment.
I also argue that it is imperative to confront the differences between restorative and contemporary justice philosophies regarding offenders, the nature of crime, conflict resolution, and sanctioning, in order to ensure that restorative justice can perform in practice what supporters claim are its capabilities in theory. Furthermore, restorative justice practices must be tailored to best facilitate the
Their powers are delegated to them by the province in which they are located. * The legislative branch of government passes laws that impact on business operations. For example, when government enacts a law, failure to comply can result in fines and other penalties, including closure of the business. Ignorance of a law means that business loses out on opportunities to influence government policy and to take advantage of favourable laws. And failure to challenge laws that are unconstitutional means that business is needlessly
Hence, it is wrong to say that one should obey just laws and disobey unjust laws. It is difficult to identify just and unjust laws. Many people have tried to define them. For example, Martin Luther King said that a law is unjust if it is inflicted on a minority. While as per Thoreau, policies of the State should never be put above the individual's needs.
Relativism relies on personal and cultural norms to determine what is right and wrong. This is not a valid source of morality because what is socially acceptable is not always what is right. There was a point in time when slavery was socially acceptable but that does not make it right. Furthermore, the secular humanist is a consequentialist, which means ethical choices are judged by their results (http://www.secularhumanism.org). The result of this moral compass is an unstable platform for truth; as a result secular humanism supports gay marriage, abortion, and euthanasia.
Anything more, however, runs the risk of giving legal advice and constitutes the unauthorized practice of law. The close working relationship between lawyers and paralegals creates problems in this area. A client who is aware of the relationship between the paralegal and the lawyer may rely on statements by the paralegal just as if they came from the lawyer (http://www.netplaces.com/paralegal/ethics-and-professional-responsibility/unauthorized-practice-of-law.htm). The client does not differentiate between a paralegal who is offering her own opinion (improper) and a paralegal who is relaying advice from the attorney to the client (proper). To the client, it is all legal advice.
James Rachels, in his The Challenge of Cultural Moral Relativism, argues that cultural moral relativism, the standard y which people find things acceptable or not depending on their own cultures, is not a relevant and ethical way to judge cultures and their practices. His arguments aim at explaining why, just because a practice or belief is held to be true by a society or culture at large, does not make it right or ethical ultimately, or free from criticism. Perez 2 Upon learning of a certain ethnic or socioeconomic group discriminating or otherwise persecuting another group, weather drawing lines of distinction based on racial or other criteria, most people recoil in distaste and reproach. From the Indian caste system, which relegates some people to menial, undesirable positions of labor, to the German Third Reich, which decided weather people lived or died depending on their ethnic and religious background, exterminating millions of people, what is and has been seen
This is a forward thinking process. However, there is a negative aspect to virtue ethics as it has a grey area when using precedence within decision making. The lack of guidance carries a negative similarity between virtue ethics and deontological theory. Deontological theory is defined in contemporary moral philosophy, deontology is one of those kinds of normative theories regarding which choices are morally required, forbidden, or permitted. In other words, deontology falls within the field of moral theories that guide and assess our choices of what we should do (deontic theories), in contrast to (aretaic [virtue] theories) that — fundamentally, at least — guide and assess what kind of
Moral Relativism cannot and does not accept the idea that an objective moral system exists. If it did, you could evaluate other ethical systems meaningfully. A moral relativist would ask such questions as ‘what do we mean by wrong?’ when making a decision on something deemed wrong. Relativism is in direct contrast with absolute morality that is deontological, referring to looking at the action in itself. A moral relativist would believe that there is no definite set of rules that apply universally.