Factors that Influence our Laws

1. Factors that Influence our Laws The rule of law, morality, and justice

2. While there are many different factors that influence our laws, it is important to understand the Rule of Law, and the impact that morality and justice have on our laws. • What you need to know from this lesson: • What is the Rule of Law? • What are morals? • How does morality impact our laws? • What is justice? • What are the 4 characteristics of justice?

3. THE RULE OF LAW? • The Rule of Law is a principle of justice. • It means: • That the law is necessary to regulate society and people must accept that it is; • That no one can take away our rights arbitrarily (without reason) • That the law applies equally to everyone, despite their status or position in society.

4. Law and Morality Morals are standards of conduct that are generally accepted as right or wrong.

5. Morality and the Law • Our laws are supposed to be a reflection of the moral values of the majority of our society. • That being said, the relationship between laws and morality is very controversial. • Hot topics include: • Doctor-assisted suicide; • Capital punishment; • Abortion; • Corporal punishment; • Decriminalization/legalization of drugs; • Possession of child pornography; • Views on all these reflect moral values and beliefs, which are different for everyone.

6. Laws based on morality suggest the values, attitudes, and beliefs that Canadian citizens hold in common. • Those whose opinions differ do have the right to speak out publicly and try to change the law. • For example, in 1988 Dr. Henry Morgentaler challenged the laws preventing women from obtaining an abortion, and today there are no abortion laws in Canada.

7. Justice and the Law An essential part of Canadian law

8. Justice and the Law The idea of law has always been associated with the idea of justice. Most people would agree that the ultimate goal of law is to ensure justice for all. But what exactly is justice? What do we mean when we say we want to live in a “just” society? What is Justice? Characteristics of Justice Is it Just? You decide.

9. What is Justice? • Justice is the concept of moral rightness and fairness – treating people fairly and ensuring everyone gets what they are owed. • The concept of justice is open to debate because our ideas of justice originate from our moral convictions, values, and beliefs; therefore, the idea of justice has varied from age to age. • Example: In ancient Greece, inequality was not considered an injustice; it was just the way society was structured. Today, most people would place equality at the very heart of justice.

10. The Characteristics of Justice • We cannot apply the law equally, as this can result in an unjust ruling. • Examples: • You wouldn’t punish a child as you would an adult. • A charge of causing a disturbance is made against two people. One of the accused has Tourette’s Syndrome. A judge may dismiss the case against the person who has TS, but not the other. 1. We should treat like cases alike and different cases differently.

11. The Characteristics of Justice • Example: • Being denied entrance into a restricted movie because you cannot provide ID to prove your age is okay, but being denied because of the colour of your eyes, hair, or skin is considered unjust. 2. We consider a law unjust if it discriminates on the basis of irrelevant characteristics.

12. The Characteristics of Justice • Laws should be applied regardless of a person’s status (ie. social, financial, etc.) • Example: • Someone who is a celebrity should not receive any special treatment just because they have celebrity status, nor should they receive undue punishments. 3. Justice should be impartial.

13. The Characteristics of Justice • Example: • If the federal government wanted to strengthen law enforcement by requiring all Canadians to give a sample of their DNA to be put into a registry, some people might object on the basis that this is an unfair violation of their right to privacy. The passing of this law would depend on whether society valued protection over privacy. 4. We expect the law itself to be just, in that it conforms to society’s values and beliefs.

14. Is it Just? A four corners activity

15. just somewhat just somewhat unjust unjust James had been robbed five times. On the sixth time, he pulled out a shotgun and fired at one of the perpetrators, hitting them in the buttocks. James was convicted of assault causing bodily harm and sentences to 10 months in jail. Is it just?

16. just somewhat just somewhat unjust unjust A man convicted of causing the death of a high-school student during a road rage incident is given permission to leave the country to visit his ailing mother before being sentenced. Is it just?

17. just somewhat just somewhat unjust unjust A court authorized a blood transfusion to a minor, even though his life was not endangered. Blood transfusion is a practice that is forbidden by the family’s religion. Is it just?

18. just somewhat just somewhat unjust unjust Three young drivers who were street racing caused the death of a truck driver who was forced to swerve to avoid them. Considering that the young men had no previous records and came from good families, the judge sentenced them to one year of house arrest, permitting them to work during the day. The family of the victim was outraged. Is it just?

19. just somewhat just somewhat unjust unjust Two young drivers who were street racing caused the death of a truck driver who was forced to swerve to avoid them. Considering that the young men had no previous records and came from good families, the judge sentenced them to one year of house arrest, permitting them to work during the day. The family of the victim was outraged. Is it just?

20. just somewhat just somewhat unjust unjust YvanTurcotte was charged with child abuse after severe bruises caused by the cord of an iron were detected on the legs of his 10 year old son. Turcotte claimed he was exercising his right as a father to discipline his child and that his religious beliefs sanctioned physical discipline when a child misbehaves. The judge agreed that Turcotte’s freedom of religion was paramount and that the discipline was not excessive. Turcotte was acquitted. Is it just?