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Chapter 1 – Heritage of Law

Chapter 1 – Heritage of Law. The Study of Law. Agenda. 1. The Study of Law 2. Harris v. Cooper (jus gentium def’n ) 3. Hwk . R. v. Lavalee (textbook). Learning Goal for Today.

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Chapter 1 – Heritage of Law

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  1. Chapter 1 – Heritage of Law The Study of Law

  2. Agenda • 1. The Study of Law • 2. Harris v. Cooper (jus gentiumdef’n) • 3. Hwk. R. v. Lavalee (textbook)

  3. Learning Goal for Today • By the end of the lesson, students will be able to describe the role of law in a democratic society & identify the distinction between a policy and principled argument

  4. Expectations • CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society • Trace the development of law from its primary sources… in social and political philosophy

  5. Today’s comic…

  6. Chapter 1 - The Study of Law • Law = iceberg • The study of law focuses on rights, obligations & consequences • 1/3 is visible & the other 2/3’s is a mystery • The 1/3 visible law comes from • Written laws or statutes from gov’t (statute law) • Rules of law – decisions or precedents from the courts (common law)

  7. Chapter 1 – The Study of Law

  8. Chapter 1 – The Study of Law • The 2/3 that is invisible is the study of the ORIGINS of our rights and obligations and the FACTORS that influenced their development (politics, economics, society and why they DIFFER from country to country)

  9. Chapter 1 - The Study of Law • Some of the common categories many people are exposed to are: • Criminal law • Civil law – contracts, lawsuits, small claims court, family, wills & estates, real estate • Highway Traffic Act – provincial rules of the road

  10. *Chapter 1 - The Study of Law • JURISPRUDENCE • Philosophy of law that deals with: • Concepts • Principles of legal thought • Deals with… • Nature and origins of law • Link to societal mores (i.e. attitude towards laws, ex. topless is legal)

  11. *Chapter 1 - The Study of Law • Law as a study of jurisprudence may be interpreted as an interlocking set of beliefs and ideals that have evolved over time to control our behaviour and protect our interests

  12. *Chapter 1 - The Study of Law • Beliefs and ideals change as society’s values and structure change • Laws control our behaviour: underlying principle is that we are an aggressive and violent species • Laws are in our self-interest (even criminals want the protections of law and our legal system when it benefits them)

  13. *Chapter 1 - The Study of Law • Jurisprudence is the knowledge of things divine and human, the knowledge of the just and the unjust

  14. THE MATRIX OF JURISPRUDENCE

  15. Chapter 1 - The Study of Law • *Legal Institutions and ideas evolve over time in the ordinary course of development • Concept of a fair trial • Concept of due process • Shifting attitudes

  16. Chapter 1 - The Study of Law • Concept of a fair trial – today… • Impartial adjudicator – whether judge or jury • Accused has a right to present his or her side of the story • The judge or jury must not be biased • The decision must be based on some reasoned judgment of the law and evidence • Contrast with medieval times • Trial by ordeal • Trial by combat

  17. Chapter 1 - The Study of Law • Due Process • Sense of “justice” • Sense of reason and meaning given to our legal system • 1. Rules and procedures laid out in our statutes and court decisions • 2. Sets out the rights and obligations that society has in legal proceedings • 3. Laws act as a mirror – reflects values of society

  18. Chapter 1 - The Study of Law • Legal thinking is not static • Archaic or useless laws are reformed (hopefully) and new laws are constantly enacted by legislatures • Shifting attitudes towards • Crime and punishment • Equality of Treatment • Human Rights

  19. Chapter 1 - The Study of Law • Legal Heritage • Jurisprudence = philosophy of law • Study of concepts using logic or reason • Socrates – father of philosophy 5th century BCE • Plato • Hobbes • Rousseau • All dealt with how to think about the law • All considered what is the purpose of law

  20. Chapter 1 - The Study of Law • Predicting Legal Thinking • Jurisprudence also = science of law • Writings of judges provide guidance for the future • Though not exact science there are certain authoritative principles or rules of conduct • These have evolved to guide the thinking of judges • (1) Help us to apply law from one case to another • (2) Help us to predict similar cases in the future

  21. Speed/Stunt Racing Prohibition • S.172 Highway Traffic Act – no person shall drive a motor vehicle on a highway • in a race or contest • while performing a stunt • or on a bet or wager? • What is a motor vehicle? • What is a race? contest? stunt? • What is a highway?

  22. Speed/Stunt Racing – Race/Contest • Ontario Regulation 455/07 Race, Contests and Stunts • S.2(1) – For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours…

  23. Speed/Stunt Racing – Stunt • Ontario Regulation 455/07 Race, Contests and Stunts • S.3 – For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours… • Class Activity

  24. Seatwork • Read R. v. Lavalee in textbook Hwk. read R. v. Lavalee in textbook page 25 & do ?’s #1-3, p.26

  25. Re B.C. Motor Vehicle Act • Extra Case if time left • Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486 • http://www.canlii.ca/en/ca/scc/doc/1985/1985canlii81/1985canlii81.html

  26. R. v. A.M. Extra case if time left R. v. A.M., 2008 SCC 19 & R. v. Kang-Brown, 2008, SCC 18 http://www.canlii.ca/en/ca/scc/doc/2008/2008scc19/2008scc19.html

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