The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1), a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter, the evidence shall not be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute (charter).…
The author of this article, Salena Zito explores the events which occured at past Trump rallys. She pin pointed the fact that it seemed like people were expressing hatred that has been "incubating" for years. Some of the rally goers attacked others verbally and/or physically for different beliefs or appearances. A main focus in this article is on societys expectations. Americans are, lack for a better word, blinded by their expectations. If a politician asks what you want and you respond, you expect to get that from them. Hence, the articles title, "The Social contract is dead". Moreover, Salena Zito states, "The days of the social contract, in which citizens have obligations as well as rights, seem to be over."…
Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie’s farm. Due to a drought during the growing season, Millie’s yield was much less than anticipated, and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. Discuss the elements of impossibility of performance and the three situations where this defense can be used.…
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also required for there to be an enforceable contract.…
Anywhere from 25% to 66% of households in the U.S. today belong to the middle class, but what exactly determines if a worker or family is considered middle class? How was the middle class created, and which events have had an effect on the middle class over the decades? This paper aims to answer those questions, as well as taking a look at the impact of specific collective bargaining gains and attacks on public sector bargaining.…
Social contracts and the institutions one willingly and unwillingly conscript have untold influences in the formation of standardized view of sexuality and gender. The doctrine for these are veiled with terms of ‘political party’ or’ religion’ and are more ambiguous then West and Zimmerman’s more rigid “sex categories” which is based on “applying sex criteria to one's everyday lifestyle dependent on what category they socially claim to be in” (2010, p. 2-3 ). But these terms unmasked by Atwood and Delany, reveal that these ‘shrouded’ institutionalized concepts are more integrated into social views and everyday interactions then originally thought. The institutions of today, founded on the science of yesterday, have great power in determining…
Todays media and entertainment have recently been flooded with movies and TV shows based on a post apocalyptic world where the world has fallen into disarray and it has become every man for themselves. While there have been many terrible crimes against humanity our world hasn’t submitted to dissolution and in large part we have remained united. The reason the world hasn’t fallen back into such a primitive state is because of the social contract theory; the social contract theory is a theory about creating rules for humanity. Due to the social contract theory people had to change the way they thought and made decisions and these personal decisions eventually had a ripple effect on the larger community. Unlike theories in physical science, social…
‘So, I ask you, which of these systems epitomize life’s natural order? Which of these systems will produce individuals who possess the skills and habits of mind necessary to confront the realities of this nasty, short, and brutish life? Will the greatness of this nation be maintained by individuals who believe that life owes them a living, or by those who believe that anything they are due will be reaped by talent, ability, and, at times, ruthless cunning?’…
It is quite clear that the essay is intentionally biased, and in centered on proving that the Social contract is dictated by the state. The first argument was based on using the term provider to prove the point that the state defines the social contract. The objective was to prove that the Social contract was in the hands of the provider, in this instance Nelson Mandela that was looked upon as a provider, had the power to prioritize the truth and reconciliation process in south Africa (Ali-Dinar, 1994). The Second argument focused on difference and how that plays a role in what or who gets prioritized. Using the article written by Bruner (2015), one could focus on difference and prove not all people, is reflected in a social contract.…
Historical backdrop Social contract theory raises the chances that necessitate for social order and certain inbuilt constraints might offer us with a natural basis for ethics. It is one of the propositions of political science that the society and state is based on contract. While it might seem that there is well-built impulse for social anarchy without an outside purpose source of morality, according to some philosophers like Thomas Hobbes, the incentive is built into the social system by the very nature of our existing among each other. Question arises what if there is no contract in life? In order to fulfil some factors that cannot be exist without this contract in society as described by Hobbes are: equality in needs, Scarcity, Equality of human power, Limited altruism.…
“ In essence, the social contract theory suggested that living morally is determined by whether or not an individual is doing everything they can to make a social living feasible. While this notion has remained influential since, the moral community has raised concerns. In general, many critics disagree with the argument because it fails to include non-rational agents within the scope of the moral community. These dependents, such as small children and animals, are undoubtedly part of society yet the theory does nothing to protect them because they do not have the same power as a rational man or woman. As a result, scholars have debated the moral responsibilities of mankind and will continue to do so, for the concept is sensitive by nature. Thus, the best solution that the social contract theorist would suggest is to carry out your end of the deal and all of…
There were many things I learned in this class from week one to week seven. In week one, I learned the concept of a social contract between the government and the people. It deals with the agreement made by both parties to regulate society. Under this contract, members of society agree to give up certain natural rights in exchange for security, comforts and order. The government is entrusted with creating an effective system for regulating conduct that are in the best interest of the people and creating forums to resolve conflicts between citizens (Gaines et al, 2014). The people have the power to select government officials and keep certain individual’s rights that protects them against government invasion. Due to this social contract, in America, powers are shared between the central government, state and local level called Federalism. It is based off…
The idea of the social contract is one of the foundations of the American political system. The definition of the social contract explains that it is a theory that the government has only the authority accorded it by the consent of the governed. In other words the government only exists to serve the people, and they are the source of all its political power. Society can choose to give or withhold this power. Although the social contract theory attempts to validate government power, there have those that have shown that this power is still improperly granted.…
John Locke was one of the preeminent philosopher's of his time. In one of his most successful works, the Two Treaties of Government, Locke asserted that men are by nature free and equal against claims that God had made all people naturally subject to a monarch (Tuckness). Locke argued that people have rights, such as the right to life, liberty, and property. Locke's Social Contract Theory is used by sociologists, philosophers, and criminologists. The theory is all encompassing and provides an excellent framework in the study of criminology because it delves into crime and punishment. This paper will explore how John Locke's Social Contract Theory and values are related to the criminal justice system.…
If I had to utilize one of the ethical theories discussed in chapter 2 of Ethics for the information age, I would choose Social contract theory. While there is no single framework that I absolutely and wholeheartedly agree with, I believe integrating Social Contract theory for making my ethical decision making would yield the best interaction with society. I personally view general society as a united organism, and since Social Contract theory has a primary focus on stable and balanced societal attributes, universal use of that framework would lead to the greatest overall improvement. One of the most important aspects I value from the theory is the societal agreement to fundamental rights, which modern society (for the most part) has determined…