1 / 24

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

cachet
Télécharger la présentation

Law and Society

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related