What is Law and Why Does it Exist?

1. What is Law and Why Does it Exist?

2. The LAW is a body of enacted or customary rules recognized by a community as binding.

3. Why study Law? • Law is everywhere and controls a lot of what we do and how we behave; • Law affects everyone, so it is important to understand what they are and what our rights and responsibilities are; • The study of law helps us to learn about our society’s values and beliefs.

4. Laws vs. Rules

5. LAWS... • Are legal rules made by the government that apply to all members of society at all times. • Laws: • are enforced by the courts • must be obeyed or there is a penalty • For example, you are not allowed to drink alcohol if you are under age 19.

6. RULES... • Restrictions that only apply to those who agree to adopt them for their own use. • Rules: • are not enforced by the courts • are optional (you can opt out of them) • don’t apply to everyone • For example, there are no cellphones allowed in school.

7. Which is a Rule? Which is a Law? 1. No smoking on school property. 2. Getting your homework in on time 3. Wearing a seatbelt in the car. 4. Not purchasing cigarettes under age 19. 5. Not wearing your hat in class. 6. No hunting for deer without a licence. 7. Turning off your cellphone in a movie theatre. 8. Putting your garbage in the container at the bus stop. 9. Not telling fortunes for money. 10. Not swearing at your teachers.

8. As individuals in Canada, we are able to basically do whatever we want, with one exception: you can break rules, but you cannot break the law.

9. Why do we need laws? • They control and limit the behaviour of society’s citizens to help us live peacefully with one another. How? They are enforced through punishment if you break them.

10. What are the Five Functions/Purposes of Law?

12. Law and Morality • Though some laws reflect the moral values of the majority of society, 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. • For the most part, our laws reflect our collective community standards. • 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.

13. Law and Justice • Most people agree that the ultimate purpose of law is to ensure justice for all, but what is “just” is often unclear. • As a society, we all agree that there are certain characteristics of justice. They are: • We should treat like cases alike, and different cases differently! • We cannot apply the law equally because this can result in unjust rulings (you would not punish a child in the same way in which you would punish an adult) • For example – a charge of causing a disturbance is made against 2 people. One of the accused has Tourette’s Syndrome, a neurological disorder whose characteristics include shouting out obscenities. The judge may dismiss the case with the person who has TS, but not the other. Most people wouldn’t see this different treatment as unfair, given the circumstances.

14. We consider a law unjust if it discriminates on the basis of irrelevant characteristics • For example, not being allowed into a restricted movie is ok if you can’t provide ID to prove your age; but if you aren’t allowed in because of the colour of your eyes, hair, or skin it would be considered unjust. • Justice should be impartial: laws should be applied regardless of a person’s position or financial status • For example, someone who is a celebrity should not get any special treatment just because they have celebrity status (think Lindsey Lohan, etc.) • We expect the law itself to be just in that it conforms to society’s values and beliefs • For example, if the federal government wanted to strengthen law enforcement by requiring all Canadians to give a sample of their DNA to be put in a registry, some people might object as an unfair violation of their right to privacy. The passing of this law would depend on whether society valued protection over privacy.

15. Your Task • You are to examine the following cases. Indicate whether you believe the outcomes are • 1) just • 2) somewhat just • 3) somewhat unjust • 4) unjust

16. Scenarios • James had been robbed five times. The sixth time, he pulled out a shotgun and fired at one of them, shooting them in the buttocks. James was convicted of assault causing bodily harm and sentenced to 10 months in jail. • 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. • A court authorized a blood transfusion to a minor even though his life was not endangered. Blood transfusion is practice forbidden by the family’s religion. • Two young drivers who were 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 go to work during the day. The family of the truck driver was outraged. • 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 sanction 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.

17. Assignment • Read R. v. Dudley and Stephens (1884) on page 15 and complete the following: • Questions 1 and 2 • Why wasn’t Brooks charged with murder? Do you agree? Why or why not? • Should Dudley and Stephens have been charged with murder? Why or why not? • Do you think necessity is a valid argument or defence? Explain. • Read the article “Kroeger gets fine, driving prohibition” and complete the following: • Questions 1 – 3 • In your opinion, was the final decision in this case “just”? Due: Monday September 13, 2010.