1 / 54

Understanding Law: Its Purpose, History, and Impact on Society

This chapter explores the essence of law, its necessity in society, and the historical evolution of Canadian law. Key focus questions examine the foundations of legal systems, the role of law-makers, and the interpretation and enforcement of laws in Canada. The narrative emphasizes the dynamic nature of law, reflecting societal values and beliefs. It distinguishes between rules and laws, outlines the functions of law in settling disputes and protecting rights, and traces the origins of legal principles from ancient codes to modern statutes.

tivona
Télécharger la présentation

Understanding Law: Its Purpose, History, and Impact on 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. Chapter One Law: Its Purpose and History

  2. Focus Questions • What is Law ? Why do societies have laws? • What are the historical roots of Canadian law ? • Who is responsible for law making in Canada ? • How are Canadian laws interpreted, applied and enforced ?

  3. Introduction FACT: Three of the four most-watched television shows on the major U.S. television networks are crime or law shows. WHY IS THIS?

  4. What Is Law ?Why Do We Have it ?  Most people have had direct experience with the law   Our world is governed by law   How were you affected by the law today?

  5. Every country has a history and culture that shapes its laws and punishments        What is legal in one country is not necessarily legal in another

  6.        Laws of a society reflect the values and beliefs of the people in that society        Law is dynamic, NOT absolute; it is always changing as values of a society change

  7. WHY SHOULD WE KNOW THE LAW? 1) To be aware of your rights and responsibilities as citizens 2) You are affected by it everyday 3) Canada is a democracy which allows citizens to elect governments

  8. RULES OR LAWS? RULES: of a game or an organization apply only to participants in that game or organization; rules are optional to follow; no clear enforcement of the rules generally LAWS: of a society apply to all members of that society and visitors to that society; laws are mandatory to follow; a formal system of procedures for enforcing laws

  9. If you do not like a rule, what could/would you do? If you do not like a law, what could/would you do?

  10. The Functions of Law: What Laws Do for Us • Settle disputes/disagreements • Resolve disputes/disagreements through discussion or negotiation • Disagreements solved fairly and peacefully

  11. Establishing Rules of Conduct • Laws exist to reduce or eliminate conflicts • Highway Traffic Act

  12. Protecting Rights and Freedoms • Police were established to enforce laws • Courts established to force people to answer for criminal acts • Laws are designed to discourage people from harming one another

  13. Protecting Rights and Freedoms • Law makers and law enforcement agencies are limited by constitutional law • Canadian Charter of Rights and Freedoms ensures that limitations of individual rights are not taken too far

  14. Protecting People • Criminal activity is not the only reason we have laws • Labour laws and contract laws are designed to protect people

  15. Case page 5-6 Did the boys pass a Law? If Jamie and Greg had strangles Kirk, what could they be charged with? What might their defence be ? If the boys were found guilty of murder, and their lawyer pleaded for mercy, if you were the judge what factors would you consider?

  16. The Divisions of Law

  17. Substantive • Substance of law consists of all laws that list rights and obligations of each person in society.

  18. Procedural • Process of law outlines the steps involved in protecting the rights given under the substantive laws

  19. Substantive • Private (Civil) • Family • Contract • Tort • Property • Labour • Public • Criminal • Constitutional • Administrative

  20. Early History of Law

  21. Code of Hammurabi • King of Babylonia (Iraq) • Wrote 300 laws for citizens to understand • “an eye for an eye, a tooth for a tooth”

  22. Moses and Mosaic Law • Moses delivered the “Ten Commandments” • Punishments were also severe

  23. Roman Law • First legal system of early Rome • Basis of law in Europe (not England) • Emphasized “equity” • Justinian Code • “the law should be fair and just, and that all people were equal under law”

  24. French Revolution • Napoleon revised French law after revolution • Napoleonic Code, still used in Quebec

  25. The Development of Canadian Law • Based on systems in England and France • French law codified (written down) • English law not codified and based on court decisions and customs

  26. Feudalism and Common Law • In 1066 William, Duke of Normandy invaded England • Introduced European government called feudalism • The king owned all the land and divided it among his lords and nobles • Basis of modern property laws • Lords acted as judge and jury • Great inequity followed

  27. King appointed judges to travel the land and dispense justice • Judges met to discuss criminal and civil matters, their decisions became “common law” • Introduced to North America by first colonists

  28. Precedent • A “precedent” is something that has been done that can later serve as an example or rule for how other things should be done. • Common is the English legal community • Needed to be written to be remembered • Introduces a degree of certainty into the law • King could overrule judges

  29. Case Law • With the increase in judges and cases decisions needed to be recorded and published • “Common law” is also called “Case Law” • Each case is given a title or “citation”, to make it easy to find

  30. Criminal Citation • R. v. Bates (2000), 35 C.R. (5th) 327 (Ont C.A.) • R. -Regina (Latin for queen or king) society • v. -Versus (Latin for against) • Bates –defendant (accused) • 2000 –year of decision • 35 –volume number • C.R. –name of reporter (criminal reports) • 5th – series • 327 –page number • Ont. C.A. – jurisdiction (Ontario court of Appeal)

  31. Civil Citation • Langille v. McGrath (2000), 233 N.B.R. (2nd) 29 (N.B.Q.B.) • Langille. -plaintiff • v. -Versus (Latin for against) • McGrath –defendant (accused) • 2000 –year of decision • 233 –volume number • N.B.R. –name of reporter (New Brunswick Reports) • 2nd – series • 29 –page number • N.B.Q.B. – jurisdiction (New Brunswick Court of Queen’s bench)

  32. The Rule of Law • King John (1199-1216) considered himself above the law • Forced to sign Magna Carta in 1215 • Monarchs could no longer restrict the rights of people

  33. Habeas Corpus • Guaranteed by Magna Carta • No person can be imprisoned without explanation and needs to appear before court in a reasonable time

  34. Parliament • King Henry III was abusing his powers in 1265, a group of nobles revolted against him to take power for themselves, the formation of the first parliament • In 1688 King James II tired to get rid of parliament to make England more Catholic • Parliament made William and Mary King and Queen

  35. Statute Law • Laws are called statutes • Parliament filled gap where common law and case law failed • Common laws became codified • People now had direct access to laws

  36. Canada’s Constitution • British North America Act July 1, 1867 Ontario, Quebec, New Brunswick & Nova Scotia Britain still controlled our foreign affairs Britain could overturn our laws World War I

  37. Canada’s Constitution • Statute of Westminster 1931 gave Canada power over foreign affairs • 1949 Supreme Court of Canada became highest court in the land • BNA act still had an amendment formula that required British parliament approval of all laws passed in Canada

  38. Canada’s Constitution • 1981 after years of negotiation an amending formula was finalized • Consent from • Canadian Parliament • 2/3 of the provinces with 50% of the population

  39. Canada’s Constitution • April 17, 1982 • Signed by PM Pierre Trudeau and the Queen

  40. How Laws are Made in Canada

  41. How Laws are Made in Canada • Parliament makes our federal laws • Parliament consists of : • House of Commons • Senate • Governor general

  42. Passage of a Bill onto Law at Federal Level House of Commons • First reading-Bill introduced-vote taken • Second reading-introduced again-debate-vote • Committee Stage-studied in detail-changes made-vote • Third reading-briefly debated-vote

  43. Passage of a Bill onto Law at Federal Level Senate • First reading-Bill introduced-vote taken • Second reading-introduced again-debate-vote • Committee Stage-studied in detail-changes made-vote • Third reading-briefly debated-vote

  44. Passage of a Bill onto Law at Federal Level Governor General • Signs bill into law

  45. Divisions of Powers Provincial Property & civil rights Marriage ceremonies Police Highways Provincial jails Hospitals Education • Federal • Peace/order • Criminal law • Unemployment • Banking • Jails • Marriage/Divorce • Post Office • Aboriginal Peoples

  46. Canada and International Law

  47. Customary Law • Sovereignty- A nation’s right to govern itself. • Recognition- Sovereign nations must be recognized by other countries. • Consent- Agreements cannot be entered into by threats. • Good faith- States are expected to conduct their affairs with common sense.

  48. Customary Law • Freedom of the seas- No nation can claim ownership of the seas. • International Responsibility- Penalties will be applied for not being responsible. • Self-Defence- The use of threat or force is illegal, but you may defend your nation. • Humanitarianism- Respect the interest of humankind, disaster relief

More Related