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Philosophers, for several years have made a large impact within Canadian law by engaging in the study of the basic nature of knowledge, reality and existence. Aristotle, one of the philosophers who has made a major influence on Canadian law studied and created the main purpose of law known as just acts. As well, Plato was another philosopher who affected Canadian law through reflecting endless truths and virtues. St. Thomas Aquinas also had significance within Canadian law by believing that the main purpose of human law was being virtuous. Aristotle, Plato, and St.Thomas Aquinas were the most influential legal philosophers in Canadian law because they created the elements of just acts, eternal truths and virtues which are present in Canadian law and the virtuous existence of human laws.
First of all, Aristotle believed that happiness is the main goal of human lives and he dedicated himself to the topic of just acts which lead to happiness. One of his description’s of philosophy is that a happy life requires fulfilment of physical and mental well being throughout their lifetime leading to full enrichment. This influences the law in Canada as the laws are there to help the citizens achieve success and avoid situations that would cause distress or misery. Aristotle also believed that virtue must be created and is achieved by maintaining a
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middle ground between two extreme sides of living life. In Canada, the citizens are protected by the laws providing safety from harm allowing dignity and integrity. Aristotle’s philosophy states that justice leads to equality for individuals and includes; general justice which refers to goodness of mankind and particular justice referring to human behaviour conforming to social and moral norms. The citizens of Canada are legally entitled to be treated fairly and with justice, which provides a sense of equality to one’s needs. Canadian law is greatly influenced by Aristotle’s philosophy through promoting a society of personal happiness based on just acts. Secondly, Plato believed that harmony in a society is created when everyone contributes equally to a common goal and justice develops through reason and natural law. Plato describes his philosophy as an idea of a higher “good” for mankind by questioning the purpose of existence. In Canada, our laws allow us the freedom to question and seek knowledge for the information we need. Plato believed that justice or excellence for an individual is achieved once that person is able to fully develop their ability. Citizens in Canada are granted the rights to work towards bettering themselves without discrimination and that way achieve a successful future. Plato believes that social justice can be achieved when all classes of society from workers to rulers exist in harmony and this is accomplished through equality with education to have the same opportunities. The education system in Canada allows access to all citizens equally and offers several incentives for those who are in need as well all Canadian citizens have the right to seek work anywhere in Canada. Plato’s influence in Canadian law is evident in that he believed that the same law should apply to everyone. Lastly, Thomas Aquinas believes laws were a natural outcome of human kind and that abiding by these laws will lead to achieving spiritual virtue and eternal salvation. Thomas Aquinas developed 4 main virtues that lead to human goodness they are prudence, justice, temperance and courage. In Canada’s legal heritage citizens are entitled to the rule of the law, freedom, democracy, and respect for others. In Thomas Aquinas’ writings he reveals that man’s goal is to achieve the highest level of success that he can and this is accomplished through the freedom to enlist ethics and knowledge. Canada has courts that help people resolve disputes fairly and ethically and set standards that we live by. Thomas Aquinas sees happiness as perfection and is based on virtues that come from intellect and strong morals. Canadian law protects human rights through prohibiting discrimination and ensuring equality where everyone is treated with respect dignity and consideration. Thomas Aquinas influence on Canadian law is in the idea that natural law leads to the establishment of virtues and a defined sense of right and wrong. Aristotle, Plato and St.Thomas Aquinas were the most influential legal philosophers in Canadian law because they created elements of just acts, eternal truths and virtues which are present in Canadian law and the virtuous existence of human law.
Aristotle believes that society should achieve eternal happiness and just acts. Plato was also an influential philosopher due to his study of the nature of truths and virtues. Thomas Aquinas believed in moral and virtuous acts from a Spiritual perspective. Knowledge and the governance of the law relies on the contribution of several different effective
philosophers.
The three most significant events, people or person who influenced Canadian law in Canada in my opinion are Magna Carta, St. Thomas Aquinas, and Napoleon. Magna Carta has a major influence on the Canadian legal system. The rule of law is derived from the Magna Carta and it is the fundamental principle of Canadian law. “Everyone is equal and no one is above or superior to anyone else.” The Law was originally used in the Carta, and is now used in Canada's legal system today. St. Thomas Aquinas greatly influenced the Canadian legal system because be still use some laws in our legal system that were used back them like how suspects are still tried In front of grand jury, trials are still open to the public and how you must swear an oath when in
“Let us be English or let us be French . . . and above all let us be Canadians.” Born on January 11, 1815, in Glascow, Scotland, Sir John A. Macdonald became the first prime minister of Canada and one of the most transcendent that Canada has ever seen. He immigrated to Canada in 1820, at the age of five, where his family, including his mother, father and two siblings, settled in Kingston, Ontario. He spent his childhood studying at the Midland District Grammar School, where he developed his passion for the English language and at the same time, realizing his new dream of becoming a lawyer. He was unable to attend university as a result of the financial problems within his family; however, that did not stop him from achieving his goal. At the age of fifteen, Sir John A. Macdonald entered a law office as a junior and as a result of his perseverance and dexterous personality, he was called to the bar in 1836. He then began his law practice with extensive success as a commercial lawyer in Toronto and Kingston. His commendable efforts as a lawyer were well recognized by many and he became extensively popular and was regarded as a positive leader that could make a difference. By 1844, he was elected to represent Kingston in the Legislative Assembly of Canada. In 1854, he helped create the Conservative party and on July 1, 1867, the day of Confederation, he became Canada’s first prime minister. Sir John A. Macdonald contributed to Canadian history in a significant way as his actions had a positive impact on Canada, which helped it develop and prosper.
In Canada there is a process to lawmaking that follows the rationalistic model — they are the functionalist view, conflict theory and the ‘moral entrepreneur’ thesis. In this essay, the rationalistic model, will at first, be explained then this paper will inform the reader to the functionalist view, the conflict perspective then the moral entrepreneur theory and what four different Canadian laws follow this theory. The essay will then, finally, explain which law is best understood with reference to the theory that it is linked to in comparison with others.
Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the explicit recognition of First Nations rights to their traditional lands, which have a deep societal meaning for aboriginal groups. Several issues must be discussed to understand the complex and intimate relationship all aboriginal societies have with the earth. Exploration into the effects that the absence of these rights has had the Cree of the Eastern James Bay area, will provide a more thorough understanding of the depth of the issue. Overall, the unique cultural relationship First Nations people of Canada have with Mother Earth needs to be incorporated into the documents of the Canadian Constitution to ensure the preservation and protection of Canadian First Nations cultural and heritage rights.s
According to Kim’s introduction, Aristotle considered ethics to be the “art of living well.” His writings reflected a perpetual quest to gain a better understanding of human character and how it is intertwined with virtues that are the impetus for human happiness. Aristotle has been deemed the writer of the first “systematic treatise” on ethics. He was essentially the first person to approach ethics from a more organized and deeper perspective. The book is divided into to sub-topics, and each human characteristic is examined and dissected without the constraints of a rigorous rule book. His teleological view of human life originates from his Greek background. He strongly supported the theory that there is an end or fulfillment that should be pursued by each individual. His theories are not as prominent in today’s world, but they are still considered the capstone for the discipline of philosophy.
Aristotle tries to draw a general understanding of the human good, exploring the causes of human actions, trying to identify the most common ultimate purpose of human actions. Indeed, Aristotelian’s ethics, also investigates through the psychological and the spiritual realms of human beings.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
Philosophy can best be described as an abstract, scholarly discourse. According to the Greek, philosophia refers to ‘love of knowledge’. This is an aspect that has involved a great number of clever minds in the world’s history. They have sought to deal with issues surrounding the character of veracity and significantly exploring the endeavors to respond to these issues. This paper seeks to compare and contrast the philosophy of Aristotle with that of Confucius. This is with a clear concentration on the absolute functions of these philosophies and how they take care of the particular responsibility of a person and the broader society and the resultant effects on societies (Barnes, 1995).
Aristotle’s nature of law appealed to me the most because he defines the cultivation of virtues that achieve full potential in life. Aristotle’s theory of happiness had a process of exercising a moral life in order to reach genuine eudaemonia, which means, “actively exercising the soul’s powers”. The fulfillment of the self, allowed a person to strengthen their system of morals and values to practice a “good” life. Your whole persona should life a live with integrity, never conflicting your happiness with false satisfaction. As one develop a solid set of morals and beliefs, and then one can create a path of righteousness that will benefit the value of character. As one lives life, one is able to adjust their view of happiness due to the experience
We have two great philosophers, Plato and Aristotle. These are great men, whose ideas have not been forgotten over years. Although their thoughts of politics were similar, we find some discrepancies in their teachings. The ideas stem from Socrates to Plato to Aristotle. Plato based moral knowledge on abstract reason, while Aristotle grounded it on experience and tried to apply it more to concrete living. Both ways of life are well respected by many people today.
Aristotle, a student of Plato, is known for his contributions in many fields of philosophy, ethics being one of the most prominent. He produced the first methodical and collected ethical system to be produced by an ancient Greek philosopher, found in his book the Nicomachean Ethics. This, along with the less-read Eudemian Ethics, are his ethical accounts that we have today.
Aristotle, the last of the great Greek philosophers. He roamed Ancient Greece from 384 BC until his death in 323 BC. In this time, he wrote an enormous amount of works, a variety of books from metaphysics to politics and to poetry. His variety is exceptionally impressive. His greatest known works are the Athenian Constitution and Nicomachean Ethics. Aristotle’s works of Ethics explore a vast area of topics. He states, “The goal of the Ethics is to determine how best to achieve happiness.” In order to achieve happiness, one must live a virtuous life, in the mind of Aristotle.
Aristotle’s thoughts on ethics conclude that all humans must have a purpose in life in order to be happy. I believe that some of the basics of his ideas still hold true today. This essay points out some of those ideas.
Greek philosophers Aristotle and Plato were two of the most influential and knowledgeable ancients in our history. Their contributions and dedication to science, language and politics are immensely valued centuries later. But while the two are highly praised for their works, they viewed several subjects entirely differently, particularly education practices, and human ethics and virtue.
Aristotle once stated that, “But if happiness be the exercise of virtue, it is reasonable to suppose that it will be the exercise of the highest virtue; and that will be the virtue or excellence of the best part of us.” (481) It is through Aristotle’s Nicomachean Ethics that we are able to gain insight into ancient Greece’s moral and ethical thoughts. Aristotle argues his theory on what happiness and virtue are and how man should achieve them.