SOURCES AND CATEGORIES OF LAW UNIT 1 (Chapter 2)
Focus Questions… Is it possible for something to be legal, yet immoral? Explain
Focus Questions… When personal morality and the law collide on an issue, which should prevail? Why?
Focus Questions… What do society’s laws tell us about that society? Explain by giving examples.
The Code of Hammurabi(Babylonian Code of Law) Answer all three of the following questions by referring to the Code of Hammurabi (on the next slide). Clearly indicate which laws you are discussing. • Choose the law you agree with most. Explain why. • Choose the law you agree with least. Explain why. • What do the laws from the Code of Hammurabi reveal about morality and justice in Babylonian society?
Code of Hammurabi… 1. If anyone brings an accusation of any crime before the elders and does not prove what he has charged, he shall, if it be a capital offence charged, be put to death. 2. If a judge shall try a case, reach a decision, and present his judgement in writing, and if later, error shall appear in his decision and it be through his own fault, then he shall be publicly removed from the judge’s bench, and never again shall sit there to render judgement. 3. If anyone is committing robbery and is caught, then he shall be put to death. But if the robber is not caught then shall he who was robbed claim under oath the amount of his loss, then shall the community… compensate him for the goods stolen. 4. If anyone opens his ditches to water his crops, but is careless, and the water floods the fields of his neighbour, then he shall pay for the loss. 5. If a man takes his wife and she is seized by disease, and if he then desires to take a second wife, he shall not put away his [first] wife. But he shall keep her in the house and support her as long as she lives.
Sources of Canadian Law Primary Sources: • Religion and Morality • Historical Influences • Customs and Conventions • Social and Political Philosophy Secondary Sources of Canadian Law • The Constitution • Statute Law • Case Law
Primary Sources of Canadian Law Religion and Morality • Judeo-Christian influence (God) • Morality: Right vs. Wrong behaviour (As determined by society) http://www.youtube.com/ watch?v=cpo1hC8t_5k
Primary Sources of Canadian Law Historical Influences • Greeks (participation, jury) • Romans (written codes, lawyers) • Aboriginal (consensus, constitution) • British (case law, rule of law) • French (civil code)
Primary Sources of Canadian Law Customs and conventions • Laws are supported by established ways that society has of doing things. • These practices often find their way into the laws.
Primary Sources of Canadian Law Social and Political Philosophy • These change over time and new laws must address these changes. • Tied to changing societal values
Secondary Sources of Canadian Law The Constitution • The supreme law of the land • Overrides statute law and case law
Secondary Sources of Canadian Law Statute Law • Made by Federal and Provincial legislatures • Takes precedence over Case Law • Gives lawmaking power to democratically elected representatives.
Secondary Sources of Canadian Law Case Law or Common Law • Evolves through decisions by judges • The highest court to make a decision will set a “precedent” that all similar cases must follow. • Case Law can be changed by new Statute Law, but both must defer to Constitutional Law.
Categories of Law • Substantive and Procedural Law • Domestic and International Law • Public and Private Law
Categories of Law Substantive Law • Identifies the rights and duties of a person or level of government
Categories of Law Procedural Law • Outlines the methods or procedures that must be followed in enforcing substantive laws
Categories of Law Domestic Law • Applies within the boundaries of a nation • Can be enforced by the government and interpreted by domestic court authority • In Canada, this process is carried out within the democratic process
Categories of Law International Law • Consists of agreements between nations, often through an international body such as the UN • Difficult for all countries to agree on these laws • Even more difficult for these laws to be enforced, due to political factors
Categories of Law Public Law • Refers to those laws which apply to dealings between individuals and the state
Categories of Law Private Law • Refers to those laws that apply to dealings between private individuals or organizations