DAY 26 (Mar 10) R. v. Ford

We did a quick review of yesterday's Sue Rodriguez and the Right to Die with Dignity in Canada discussion.  Today we're looking at three different philosophies of law as follows:

Positivism - the way of looking at a legal idea that considers FACTS, technical information, literal interpretation of law, "letter of the law".  What this school of thought does not consider is any other legal philosophy.  This school of thought is not interested in "extenuating" circumstances.


Natural Law - the way of looking at a legal idea that considers the "will of god", the compassionate nature of the god or the wrathful nature of the god.  This school of thought is often guided by religious principles that establish what the "natural order" of existence should be.  For some people nature is ruled by God.


Realism - this way of looking at a legal idea does not direct it in any way.  Realists acknowledge that many different factors influence legal ideas.  For example, psychological, social, cultural, religious, economic, experiential, etc. factors can influence how we should examine a legal principle.  A true realist judge would try to gather as much information from many aspects of a case to render a good judgment (background of the offender, religious beliefs, motivations of people, etc.).

Here's the handout on Three Legal Philosophies (see R v. Ford below).

On the back of this sheet is the R. v. Ford Case in which I ask everyone to make a legal judgment on a case, your first case!

Everyone had a good opportunity to list the factors that are important in this case as follows:

1. Ford was charged with theft of narcotics (insulin).
2. He stole the insulin for his daughter (diabetic)
3. Dyslexia prevents him from getting a job despite his efforts to find one.
4. Freeland is deeply religious.
5. That religion required Ford to provide insulin for his daughter.
6. He could not afford it so he had to steal it.
7. Ford has been unemployed for eight months.
8. Social assistance was not available to Ford because he was not disabled "enough".
9. Mandatory penalty of 15 yrs. in jail for narcotics theft (insulin is considered a narcotic in Freeland).
10. Daughter's health was deteriorating because of lack of insulin (three weeks).