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Chapter 1 – Heritage of Law

Chapter 1 – Heritage of Law. Jurisprudence. Agenda. 1. A little more Highway Traffic Act closure 2. Jurisprudence 3. Take-up Oakes. Learning Goal for Today. By the end of the lesson, students will be able to explain why law is not static and evolves. Expectations.

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Chapter 1 – Heritage of Law

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  1. Chapter 1 – Heritage of Law Jurisprudence

  2. Agenda • 1. A little more Highway Traffic Act closure • 2. Jurisprudence • 3. Take-up Oakes

  3. Learning Goal for Today • By the end of the lesson, students will be able to explain why law is not static and evolves

  4. Expectations • Explain why all societies need laws • Explain the meaning and function of law in Canadian society • CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society

  5. Highway “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”) (Section 1(1) Highway Traffice Act, Ontario) http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm

  6. Vehicle • “vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car; (“véhicule”) (Section 1(1) Highway Traffice Act, Ontario) • http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm

  7. Jurisprudence • Recall from our lecture on the study of law… (don’t recopy this down) • Jurisprudence – is the philosophical interpretations of the meaning and the nature of law • May also be interpreted as an interlocking set of beliefs and ideas that have evolved over time and control our behaviour and protect our interests

  8. Jurisprudence • We talked about the purpose of law and the role of law • We also value laws for their intrinsic qualities rather than just for the purposes they were meant to achieve • Justice, fairness, equality, rightness, morality… • Changes over time

  9. Jurisprudence • Scenario… (don’t have to copy down) • A man’s wife is almost certain to die without a certain drug. The druggist who invented the drug won’t sell it to the husband except at a very high price, more than the husband can possibly pay. He will not consider the possibility of receiving part of the money later. • Should the husband steal the drug to save his wife’s life? CLASS DISCUSSION

  10. Jurisprudence • (Don’t have to copy down) Consider… could we eliminate/significantly reduce child pornography/sexual abuse of children by providing police additional powers to monitor all internet accounts (like employers do)? • http://www.theglobeandmail.com/news/politics/john-ibbitson/tories-on-e-snooping-stand-with-us-or-with-the-child-pornographers/article2336889/ • http://www.theglobeandmail.com/news/news-video/video-government-abandons-controversial-internet-snooping-bill/article8466636/

  11. *Jurisprudence • Invisible part of law (iceberg) is the study of law origins • Influenced by by politics, religion, economics • Also examine the values, mores and folklore of a society

  12. *Jurisprudence • Our sense of justice changes over time • Ex. Whipping of students • Ex. “Rule-of_Thumb” • Ex. Same-sex marriage

  13. Patent Sticks for Family Correction – Warranted Lawful

  14. *Jurisprudence – Due Process • Due Process helps ensure that justice is served • (1) Provides us with rules and procedures (statutes and court decisions) • (2) Rights and obligations of society • (3) Law is a mirror of the moral view of society

  15. Humour break...Jurisprudence – Rule of Law

  16. *Jurisprudence – Rule of Law • (1) Recognition that law is necessary for an orderly society • (2) The law applies equally to everyone, especially to those with power and authority • (3) Person’s legal rights will not be taken away except in accordance with the law (due process)

  17. *Jurisprudence – Democratic Government • The government makes all of the laws and Canadians have the power to vote • Every 5 years, the Canadian government must hold an election (except in times of war or national emergency)

  18. *Jurisprudence – Democratic Government • The constitution is what gives the government it’s power • Individuals can use courts to challenge government laws that are seen as unconstitutional using the Charter http://www.theglobeandmail.com/news/politics/in-challenge-to-ottawa-judge-refuses-to-impose-mandatory-sentence/article2336816/

  19. *Jurisprudence – Independent Justice System • Respect for law – judges (judicial branch) must function independently of all other branches (the other two branches are the executive and the legislative branch) • In Canada, judges are appointed for life, not elected = judicial independence

  20. Homework • Read Halpern v. Canada on page 16 of Classnet Unit I: Historic Canadian Cases & do ?’s K/I #1-3, A #1

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