Introduction to Law 12

Purpose: Guidelines / structure to ensure safe and peaceful society (prevents violence o opportunity, birth status, from determining how things will run) Rules versus laws: The main difference is that laws are universal and can not be opted out of where individual can choose to follow rules or not. no smoking on school property get homework in on time wear seatbelt in car no buying cigarettes under age 19 no wearing hats indoors no hunting deer with out a license put garbage in a container at the bus stop no swearing at your teachers not telling fortunes for money

Function of Law: 1. settle disputes 2. establish rules of conduct (driving age etc…) 3. protect rights and freedoms (hold people accountable for actions, mechanism to enforce laws with the police and court system) 4. protecting people (limiting the work week, setting minimum wage)

Law & Morality: As laws are made by the people of society their moral values are often reflected in the law (capital punishment, drug use, sex etc…) Major challenge for Canada a multi-national society.

Law and justice: just society for most Canadians means a concept of equality, like crimes treated alike and justice should be impartial (laws applied to all people, no special privileges).

Ethics Values: deeply held beliefs upon which our thoughts and actions are based Ethics: Is what is defined as good or right behaviour. Most job have a code of ethics which sets the guidelines for acceptable behaviour and standards.

Ethical Dilemma: occurs when our values or principles are compromised and a decision is required Sometimes ones values or beliefs will conflict with the guidelines that you work under. Ethics & Law: people often wonder how a lawyer can defend an obvious guilty person

Many justify with the right to a fair trial for all (higher value?) One problem with law is that it is a confrontational system with a winner and looser so values can become cloudy.

Historical System Main Beliefs/ Values Legal influence today Code of Hammurabi -Harsh system of punishment -No distinction between accident and deliberate actions. -Retribution, or an “eye for and eye” philosophy of justice Law codes written down for all to see Mosaic Law -Ten commandments -Severe punishments -Allowed offender to repay the victim Restitution as a form of punishment. Payback or compensation for the victim Roman Law -Important role of lawyers -Codification of law in Justinian code. -Emphasis on equity and equality -Legal profession established -Importance of equity and equality in a democracy. -Influenced the development of the French civil code which is the basis for civil law in Quebec English Common Law Emphasis on case law and precedent - Greater fairness and certainty in the law Rule of precedent is a main principle in Canadian law.

Early English Law Trial by ordeal: Trail by oath: Trial by Combat: Where innocence is based on verdict of god. (fire, or water) If a person survived god willed it showing their innocence Trail by oath: People who know the accused would swear an oath upon the bible Trial by Combat: God would side with the winner. One could hire a person to fight on their behalf. (lawyer?)

Magna Carta (1215) Statute Law: Rule of Law: meant no one was above the law and equality for all under the law. Habeas Corpus: person had the right to know why imprisoned and brought to trial with in a reasonable time. Statute Law: King relinquished law making powers to parliament

SOURCES OF LAW IN CANADA Common Law: Originates from decisions made by judges in previous cases This is constantly evolving Statute Law: Law or act passed by government Governments pass law according to their jurisdiction

Constitutional Law: Law that deals with the distribution and exercise of government power. This is at the top of the pyramid as it overrides all other laws.

Categories of Law Law International Law Domestic Law

International Law Rules that states follow when interacting with each other Customary Law: sovereignty/recognition consent good faith freedom of the seas self defence Humanitarianism

Treaty Law: Binding agreements Types of Treaties Charters: establish int. orgs. Conventions: open to all Protocols: treaties added onto existing treaties Steps: 1. negotiate treaty 2. formally sign treaty 3. ratify treaty 4. let it come into force 5. implement and enforce

Treaties deal with: territory diplomatic law protection of nationals abroad extradition and asylum international trade arms control

International organizations United Nations a. General assembly (resolutions) b. Security council: 15 states 5 permanent with power of veto (USA, GB, FR, China, Russia) peace and security.

International court of Justice: (Hague Netherlands) must be a member of UN rulings are not binding.

International criminal court: (Hague Netherlands) Crimes against peace (planning / waging war in violation of treaties) War Crimes ( violations of customs of war: murder, slave labour, plunder, poor treatment of prisoners.) Crimes against Humanity: (murder, extermination, deportation, persecution on political, racial or religious grounds.