WEEK 1 - What is Law? Flashcards
Define the law
A system of enforceable rules that governs the relationship between the individual members of society and between those members and society itself (human construction)
What are the three types of rules?
- general rules - prohibited activities, risk to community
- condition rules - requirements needed to carry out a process
- power-conferring rules - define own legal relationship, conditions and terms (contracts)
Morality vs Ethics
Morality - system of values concerning right or wrong
Ethics - system of values concerning standards or behaviour
What is the relationship between law and ethics?
the law and ethical standards share a common value system, the ethical rules underlines the laws of society and are enforced by an ethical standard by an authority
Two types of Justice
Deontological - rules based
Instrumental - focus on something
Three justice models
- corrective - correction or compensation to repair harm (private law)
- retributive - need for punishment (crim law)
- distributive - assets and entitlements shared among members of society (public law)
What is Jurisprudence? Two types?
the philosophy or science of law. Goal is to benefit the max amount of people
> analytical - what law is, the rules
> normative - what law ought to be
What is natural law?
man made
legal positivism
What is legal positivism?
Anglo-Canadian legal tradition
all commands by the sovereign are valid and enforceable
“commands” = man-made rules (positive law)
What is legal realism?
considers the reality
Holmes
influences many theories today
What is legal pluralism?
coexistence of many organs producing legal norms
coming from state authorities and non state authorities
What are Albert Venn Dicey’s three core rule of law principles?
- laws must have supremacy over influence or arbitrary power
- the law applies to everyone equally
- anyone who is denied a right/liberty may seek a remedy in court
