The Civil Rule Of Law Essay

The Civil Rule Of Law Essay

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In his book Boudreau then establishes that the British rule of law which Canada has adopted holds an underling promise to address issue of law and order with fairness and equality for all who come under it. According to Boudreau, legal traditions held by Canada from Great Britain and embedded in the rule of law include the separation of judicial and political aspects of the system, the presumption of innocence until an accused if found guilty, and an accused right to a fair trail under the court of law (p.79). With the justice system supposedly under the terms of the British rule of law, to protect the rights and safety of individuals is to be its goal, while at the same time operating in the public interest (p.79). This meant that the justice system was responsible for holding people accountable for their actions. From this Boudreau gives a clear account of the two views of criminal discourse in the city: the traditional perspective; and the progressive perspective. Here Boudreau successfully establishes that traditionalism focused primarily on the individual committing crime, supporting increases in surveillance and stricter law enforcement (p.76). On the other hand, progressivism is more concerned with the social generation and meaning of crime, crime being considered an inevitable consequence of social and economic change, like that brought about in the city of Halifax towards modernity (p.77). Boudreau is clear in emphasising that the importance of understanding the perceptions of social disorder, the meaning of criminal acts, and the criminal behind them, is that it illustrates how people in Halifax treat crime, its perpetrators, and potential perpetrators (p.78). The issue with formal justice according Boudreau’s argument ...

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...rule of law set out to address this struggle holds a theoretical principle to treat all who come before it fairly and equally. With this Boudreau further argues that the formal judicial system systematically construct an opinion amongst the public about criminality and shaping the image of crime and the criminal. In the final chapters of his book Boudreau is clear and concise in demonstrating how this construction of the image of crime and the criminal perpetuates existing socio-economic inequalities and inequalities in class, gender and ethnic relations. With this I can say Boudreau has effectively convinced me of his argument that the justice system presents a contradiction in the rule of law, as it promises equality and fairness to all who come before it, yet otherwise can be demonstrated. Overall I fell Boudreau was effective in demonstrating this contradiction.

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