chapter 1 PP Flashcards
What is the Definition of Law?
A system of rules and regulations that govern a community and enforced by a political authority and its legal system
Origins of Law
Specialization of skills over time
–> forced greater interaction and dependency between people
This greater interaction required rules and regulations to maintain order within a community by providing Security of each member and Certainty for future planning
early homogenous communities needed simple or complicated laws?
simple laws
why did laws become more complex over time?
Population increased
Technological advances
Immigration patterns
Role of Law in Society Today
Ensure Security
Enforces Standards of Conduct
Maintains Status Quo
Who Decides the Law
The community through custom and tradition
An elder or the “wisest” man of the community
A ruler and conqueror of lands
Through democracy
Why Doesn’t Law Always Equal Justice?
The law is written
–> Difficult to deter from and rigid (objective)
Enforced by judges
–> Judge has discretion in how a law is applied (subjective)
Laws are decided upon by a majority
–> Can’t always answer the needs of all, especially the minority
How Do We Define Ethics?
A set of principles or moral values of a society, distinguishing right from wrong
How Do Ethics Plays a Balancing Role to Law?
Law is founded in moral values, so need ethics to apply
Law not always clear, so use ethics to develop
Law may not exist to address new issues, so ethics must mold
When Does An Ethical Value Becomes Law ?
It gains a large consensus amongst the population
It addresses an issue considered a serious threat to the well being of the community
Private Law
Rules that regulate the legal relationship between individual citizens
Contract law
Employment law
Commercial law
Property law
Public Law
Rules that govern the relationship between citizens and their state
attempt to regulate behaviour that affects the entire community
–> impose strict punishment on those breaking these alws
Criminal law
Tax law
Highway law
Bankruptcy law
Civil Law
Legislative authority to make law
law is based on general principles and largely decided upon by governing officials
governing officials codify the laws
Courts simply apply the law
Emphasizes legislative supremacy
like in France
Common Law
Basis for law is grounded in the principle of precedence and case law or jurisprudence
–> has to take into account past judgements of similar nature to apply similar judgement
emphasizes judge made law
England
Substantive Law?
The law where we can find the “substance” of our rights
ex: the Civil Code of Quebec
–> does not tell us how to exercises our rights
