Survivor Island Scenario You and 7 others survive a plane crash and have the following items: You and 7 others survive a plane crash and have the following items: 2 cases of water, 2 cases of water, first aid kit, first aid kit, 2 blankets, 2 blankets, box of matches, box of matches, 5 chocolate bars, 24 packages of peanuts 5 chocolate bars, 24 packages of peanuts Some dishes/pots/pans Some dishes/pots/pans

Your task How will you exist until you are rescued? How will you exist until you are rescued? Who will be in charge? How will the leader be chosen? Who will be in charge? How will the leader be chosen? What are the actions that the group will take to survive? What are the actions that the group will take to survive? Rules? Who makes them, how will they be enforced? What happens to those who violate the rules? Rules? Who makes them, how will they be enforced? What happens to those who violate the rules? Will it look like this? jDS-c Will it look like this? jDS-c jDS-c jDS-c

Chapter 1 Rules vs Laws - Rules are not enforced by the courts - Laws are not optional Laws are an essential component of complex human societies. A well-developed legal system prevents the development of anarchy.

RULE OF LAW 3 components: 1. Recognition that laws are essential. 2. Law applies equally to everyone. 3. No one can have unrestricted power to take away our rights, except within the limits of the law. Roncarelli v. Duplessis, page 13 Roncarelli v. Duplessis, page 13

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Law and Morality Law and Morality Laws may reflect the moral values of the majority of society. In a diverse society like Canada, tension may exist between the law and moral standards in different communities. Moral standards of a society change over time. Examples? Prostitution Prostitution Prostitution Marijuana Marijuana Abortion Abortion Drinking & Driving Drinking & Driving Graduating Licensing Graduating Licensing Laws may evolve over time, but the process is slow.

Law and Justice Law and Justice Concept of justice has changed over time, and is open for debate as society changes. Equality in all situations may be unjust. When? Four characteristics of justice: 1. Treat like cases alike, and different cases differently. 2. A law is unjust if it discriminates on the basis of irrelevant characteristics. 3. Justice should be impartial. 4. Laws must be just by following society’s beliefs and values.

Historical Roots of the Law Laws were passed orally down the generations, but as societies grew, it became important that they were codified, written down. 1. Code of Hammurabi - First Codified law: governed all aspects of life - Laws were said to be from the gods - Very male-dominated - Based on retribution and restitution 2. Mosaic Law - Ten Commandments - Laws became more specific and focused on deliberate action. First to look at intent.

3. Greek Law - First democracy, but for citizens only. - Citizens expected to participate in decisions. First to have jury duty. - The Greeks used democracy to decide the punishment. Both the accused and accuser chose a sentence, and the jury voted. (Socrates) 4. Roman Law - The law must be recorded, and justice was not left only to judges to decide. - Public trials, victim compensation, protection of lower classes from the elite, and legal experts for counsel. First to have Lawyers. - Codified Roman Law was brought to England and is the foundation of modern law.

5. Justinian’s Code - Organized and clarified Roman Law into Justinian’s Code. - Inspired modern concept of justice (Justinian) and provided the foundation for much of modern law. - Created the distinction between civil and criminal law 6. Napoleonic Code - Also known as the French Civil Code (Still used in Quebec) - Spread throughout Europe in Napoleon’s Empire. - Became popular because it was simple to understand. - Regulated wills, property, family law and contracts.

Influences on Canadian Law Influences on Canadian Law 1. Early British Law - After the Romans left Britain, the people turned to local customs. - Trial by Ordeal: God will save the innocent In all Trials (by ordeal, oath helping and combat) it was assumed God would save the innocent. - Today, many of our legal traditions and customs come from Britain.

2. The Feudal System - The King was the law by Divine Right, meaning his laws came from God. - Land was owned by noblemen, and they ruled their land with their own laws and judgments. - Some were fair, others not. Eventually, the people rose up against this treatment. 3. Common Law - King Henry II created a new system that was consistent. - Circuit Judges traveled the country and worked in courts called assizes. - Judges used common sense, and began to notice common elements. They formed case law or common law. - Unusual cases and decisions started the rule of precedent. This comes from Stare Decisis…stand by the decision

4. Legal Reforms - King Henry then created juries, courts and a legal system that took power from the king. - If laws weren’t from God, the king was no longer above the law. - The Magna Carta was created which gave the people rights. - This led to the development of the Rule of Law (from earlier) and now everyone was equal. - The right of habeas corpus prevented people from being arrested and imprisoned with proper reason.

5. Aboriginal Law The native nations of North America had laws that were passed orally down generations. There was a strong sense of family, community and spiritual belief in a creator. Around 1450, the Six Nations group codified their laws into The Great Binding Law. This law created a complete legal system of rights and freedoms.

Reflecting on Our Historical Roots Reflecting on Our Historical Roots Although the laws have changed dramatically since the Code of Hammurabi, many traditions are still linked to the past. Mosaic Law provides the root of Judaism, Christianity and Islam which have brought many legal traditions around the world from the past. The Greeks gave us juries of our peers and the Romans gave us lawyers. The Roman system also formed the basis of the Quebec Civil Code. The British system gave us common law, rule of law and precedent. Aboriginal legal traditions are playing a larger role in in land claims and treaty rights, and are being used to govern communities.