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Law and Society

Law and Society. Chapter 1. Law is everywhere. Birth Death Marriage Work Taxes Leisure activities Transportation Residence. Rules vs. Laws. Rules = guidelines Laws = mandatory rules. What is Law?. Laws govern what is and is not acceptable

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Law and Society

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  1. Law and Society Chapter 1

  2. Law is everywhere • Birth • Death • Marriage • Work • Taxes • Leisure activities • Transportation • Residence

  3. Rules vs. Laws • Rules = guidelines • Laws = mandatory rules

  4. What is Law? • Laws govern what is and is not acceptable • “Laws regulate our social, political, and economic activities from birth to death” • Laws change over time and reflect a society’s values and rights

  5. What is Law? • Are laws always just? • Why do laws differ from one city, province, country to another? • Are restrictive laws always bad?

  6. Why do we need laws? • Predictability • Dispute resolution • Regulate our interactions with others • safety

  7. Rule of Law • Recognize and accept that laws are necessary to regulate society • No one is above the law – it applies equally to everyone • No one has absolute power to take away the rights of others • Restrictions must be implemented according to the law

  8. Basis of Laws • Rights • guaranteed protection to all by the government, except under special circumstances • Values • what people feel are important, consider acceptable and appropriate. • Morality • Justice/Fairness • Does fair always mean equal? • What happens when these conflict?

  9. Principles of Justice • “treat like cases alike and different cases differently” • Must not discriminate based on irrelevant characteristics • Must be impartial • Must conform to society’s values and beliefs

  10. Why do Laws change? • New situations arise • Technological change • Laws become out of date/obsolete • Where you can tie up your horse • Society’s values/morals change • Capital punishment • abortion

  11. Historical Roots of Law (Written) • Great Laws of Manu - India • 1280-880 BCE • Code of Li k’vei - China • 350 BCE • Code of Hammurabi • 1792-1750 BCE • Codified laws • Retribution • Restitution

  12. Historical Roots of Law (Written) • Mosaic Law (Biblical) • Ten Commandments • Book of Exodus • Punishment for deliberate harm • Care for the poor • Harsher punishments for those of a higher social status

  13. Historical Roots of Law • Greek Law (400 BCE) • Democracy • Based on “citizens” • Excluded women, children, slaves, aliens • Participatory • Voting • Juries • 101, 501, 1001

  14. Historical Roots of Law • Roman Law (450 BCE) • Codified/Recorded laws • Compiled by a committee of 10 men • Foundation of modern law • Legal advisers

  15. Historical Roots of Law • Justinian’s Code (529 BCE) • Clarification of the 1600 books of Roman Law • Justice comes from his name • Modern concept of justice • Basis of civil law and criminal law

  16. Historical Roots of Law • Napoleonic Code (1804 CE) • French Civil Code (code civil) • Based on Justinian’s Code and Germanic law

  17. Foundations of Canadian Law • Napoleonic Code • Still evident in the Quebec civil code • Aboriginal Law • British Law • Common law • Case law

  18. British Law • Influence by Roman conquerors (43 -410 CE) • Local customs/traditions • Trial by ordeal • Guilt determined by the outcome of torture • Trial by Oath Helping • Acquaintances swear an oath • Trial by Combat • After Norman invasion in 1066 • Precursor to the adversarial system • All based on the belief in God and the victory of good over evil

  19. British Law • Feudal System • System of land ownership implemented by King William • Each land owner governed everything on his land • Very unfair/inconsistent

  20. British Law • Common Law • Implemented by King William’s grandson, Henry II • More fair/consistent • Travelling courts (assizes) • Evolved into case law/common law • Similar cases decided similarly • Consistency amongst judges • Rule of Precedent • Stare decisis

  21. British Law • Common Law Reforms • Jury system • 12 elderly men from the local community • Judge still determined the verdict • Courts operated independently • Undermined the belief in divine right • Magna Carta (aka Great Charter) signed in 1215 by King John • Charter of political and civil rights • Recognized the Rule of Law

  22. British Law • Common Law Reforms • Habeas Corpus • “You must have the body” • Right for the accused to appear before a court within a reasonable amount of time

  23. Aboriginal Law • Laws established by Aboriginal peoples of North America prior to European arrival • Great Binding Law (Gayanashgowa) • Constitution of the Iroquois Confederacy

  24. Foundations of Canadian Law • Mosaic Law • Foundation for Christianity/Judaism/Islam • British Common Law • French Napoleonic Code • Quebec Civil Code • Aboriginal Law

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