Part C (SA) Flashcards
Law can be categorized into 3 different contexts. Law as a legal concept, law as a legal system, and law as a set of rules. Define and give an example for each.
Law as a legal concept: abstract, law is associated with qualities of justice, legitamins, equality, and morality. Law is seen as illegitimate when it fails to be seen as one of these concepts, therefore laws aren’t valued based on their “qualities” but rather the purpose they were meant to achieve. The concept of justice could be seen as a legal concept. Justice is often considered the foundational idea behind legal systems, where law is thought to uphold fairness, equality, and morality. For example, the idea that all individuals are equal before the law embodies this concept of fairness and justice.
Law as a legal system: law is a set of agencies, institutions and procedures that perform a specific function in society, examples: police/law enforcement, court=judicial system, jail=penal system.
Law is a set of rules laws or statutes are enacted by the governing authority that outlines rights and obligations. They reflect the values, ideals, and purposes of the state. Therefore, laws may be used to restrain activities that run contrary to the ideals of the state. Examples: criminal codes, charter of rights and freedoms, narcotic control act.
Thomas Hobbes believed that law was needed to protect our political, social, and economic objectives and to provide mechanisms for resolving disputes. Outline how law a) acts as an instrument of society b) as a mechanism for resolving disputes c) as a protector of our person, property, and rights, and d) provides order in society
a) laws outline our rights and obligations. Hobbes believed without laws we would be unorganized as laws are what keep us protected and collectively keep us safe.
b) law doesn’t account for vigilante justice the courts are in charge of taking a case and resolving the disputes.
c) laws are useless unless there’s a mechanism that is able to enforce these rules. Police are known as protectors as they’re meant to protect us (citizens) and they’re also meant to protect our property and enforce the law.
d) law provides order as its meant to formulate predictability and stability to protect our social, cultural, and political relationships.
