Lesson 1 Flashcards
What is law?
Study of system of rules that particular country or community recognizes as regulating the actions of its members
What is social control and what are the forms of social control?
Certain set of rules and standard in society keeping individuals bound to convential standards
Law, manners, religion, secular morality, custom, politics, social coercion, force
What characterizes law?
Equality, neutrality, force, morality, reason, retaining, flexibility, non-perfection, rule of law, publicity, non-retroactivity, notice
What are statutes and who are they made by?
Pieces of paper that govern specific types of a policy sectors that either be for national or provincial laws
Made by legislature
What are regulations and who make them?
Official rule, subsections of the legislation
Made by municipality, get power from the statutes
What are the municipal by-laws and who makes them?
Law specific to particular city
Made under the authority of provincial states, made by municipality, get power from the statutes
What is a system?
A coherent collection of parts where parts are related to each other and work together for the overall purposes of the system
What are the three things included in the legal system?
The institutions
The players
The process that all are involved with
Who are the representatives of the crown?
The Governor General and provincial lieutenant governors
Who are the legislatures?
The federal parliament, and provincial and territorial legislatures
Who are the executive?
Prime minister and federal cabinet and premiers and provincial cabinet s
What do the judiciary courts do?
They interpret laws
What are the legal processes seen?
Enacting legislation
Pass regulations and by-laws
Prosecution —> government against individual
Lawsuits —> private citizen vrs private citizen
Issue orders and directions
Decide cases at trials and on appeal
Make administrative decisions
Who are the players in the legal systems?
Citizens
Executive branch
Bureaucracy —> drafts legislations
Lobby groups —> influence politicians
Courts/judges —> intrupet laws
Administrative tribunals/boards —> apply law
Lawyers —> asssit clients
Police and regulatory inspectors —> enforce
Legal philosophers —> theories
Law reform commissions, inquiries
Regulatory compliance managers —> enforce, comply
What are the forms of justice?
- Corrective
- Distributive justice
- Retributive
- Procedural
What is corrective justice?
Harm by one to another
Correct imbalance in relationship by taking wrong-doer’s and compensating victim
Basis of low of torts and contract law
“Commutative justice”
What is distributive justice?
Fairness in allocation of things
“Distributive criterion” - stating everything can be distributed in society (money, status)
Distribution without established criterion is unfair
Basis of human rights
People judge what they think they receive
What is retributive justice?
Punishment must fit law
Penalty should match seriousness of the wrong
Fairness in sentencing
Discipline in workplace
What is procedural justice?
Fairness in decision-making
Unbiased adjudicator
‘Rules of natural justice” —> notice of hearing, chance to be heard
Basis of criminal and civil legal procedure
All public bodies must be fair in processes
Basis of the law of evidence
4 different perspectives of law?
- Moral
- Economic
- Political
- Scientific
What is moral perspective?
Law related to morality “justice”
What is the 3 moral perspectives?
- Natural law
- Khantianism
- Utilitarianism
What is natural law?
People have ability to sense “the good”
Value friendship, life, health
Law should promote and protect human flourishing
What is khantianism?
Consider actions, not consequences to determine what is right to do
Based on reason, not moral sentiments
Morally obligated by universal imperatives
1. No lying 2. No taking life 3. Treat people as ends, never as means
Respect people
