Law 30 Unit 1 Notes

The Need for Law As humans developed communities, the need for organized and predictable behaviour to guide relationships between individuals became important. Behavioural norms were based upon local customs and spiritual beliefs, enforced through the power of individuals or groups. As humans developed communities, the need for organized and predictable behaviour to guide relationships between individuals became important. Behavioural norms were based upon local customs and spiritual beliefs, enforced through the power of individuals or groups. These rules were usually common sense, and transmitted by word of mouth. These rules were usually common sense, and transmitted by word of mouth. The complexity of societies resulted in the need for more formal behavioural norms, or laws. The complexity of societies resulted in the need for more formal behavioural norms, or laws. Inconsistent application of law was common. Decisions about the laws made in one particular community would often contradict decisions in another community, even when circumstances were similar. Inconsistent application of law was common. Decisions about the laws made in one particular community would often contradict decisions in another community, even when circumstances were similar. In England, this led to the development of the common law. This system of recording cases and examining precedent significantly improved the application of law and administration of justice, and continues to be an important facet of the Canadian justice system today. The quest for consistency and fairness in application of the law continues as a significant issue for individuals, institutions and societies. In England, this led to the development of the common law. This system of recording cases and examining precedent significantly improved the application of law and administration of justice, and continues to be an important facet of the Canadian justice system today. The quest for consistency and fairness in application of the law continues as a significant issue for individuals, institutions and societies.

The Rule of Law It means that everyone is subject to the law; that no one, no matter how important or powerful, is above the law. It means that everyone is subject to the law; that no one, no matter how important or powerful, is above the law. Why was it created? What purpose does it serve? Why was it created? What purpose does it serve?

Hammurabi & Codified Law Among the earliest recorded attempts to achieve consistency and fairness in the law was that of Babylonian King Hammurabi, who recorded nearly 300 laws for his subjects. Among the earliest recorded attempts to achieve consistency and fairness in the law was that of Babylonian King Hammurabi, who recorded nearly 300 laws for his subjects. It was based in the concept of retribution, mandating "an eye for an eye" as the philosophy of punishment for breaking a law. It was based in the concept of retribution, mandating "an eye for an eye" as the philosophy of punishment for breaking a law.

Hammurabi & Codified Law Hammurabi feared God, and he wanted to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak Hammurabi feared God, and he wanted to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak He felt that the only way to accomplish this was to write the law down, so that everyone in the society would know and understand the consequences for actions. He felt that the only way to accomplish this was to write the law down, so that everyone in the society would know and understand the consequences for actions. While people were divided in classes and the laws were different for each class, he did ensure that everyone in the society knew what the laws were and this brought order and safety to the public from the tyranny of the strong. While people were divided in classes and the laws were different for each class, he did ensure that everyone in the society knew what the laws were and this brought order and safety to the public from the tyranny of the strong. Laws of other civilizations were not written down, and thus could be manipulated to suite the rulers that dictated them. Therefore, the laws were applied consistently, thus making things fair for people in society. Laws of other civilizations were not written down, and thus could be manipulated to suite the rulers that dictated them. Therefore, the laws were applied consistently, thus making things fair for people in society. Hammurabi’s code signifies man’s rise above ignorance and barbarism toward the peaceful and just societies still pursued today Hammurabi’s code signifies man’s rise above ignorance and barbarism toward the peaceful and just societies still pursued today

Consistency, Fairness & Precedent Unfortunately, people can not be treated the same all of the time. In the world that we live in being treated equally does not necessarily mean equality. Unfortunately, people can not be treated the same all of the time. In the world that we live in being treated equally does not necessarily mean equality. In the law, being consistent is the only way to attempt to be fair. If the law is applied to people in the same way then fairness can be achieved. In the law, being consistent is the only way to attempt to be fair. If the law is applied to people in the same way then fairness can be achieved. Precedent is the standard that all people must live up to. Standards my differ based on class, race, gender and so on, which is where unfairness comes up, but if the law is applied consistently, then fairness has been achieved. Precedent is the standard that all people must live up to. Standards my differ based on class, race, gender and so on, which is where unfairness comes up, but if the law is applied consistently, then fairness has been achieved.

Sources of Law Among the factors serving as traditional sources of law in Canadian society are: Among the factors serving as traditional sources of law in Canadian society are: religion religion customs and conventions customs and conventions social and political philosophy social and political philosophy history. history. Additional sources of law in the twenty - first century include: Additional sources of law in the twenty - first century include: The Constitution, including The Charter of Rights and Freedoms The Constitution, including The Charter of Rights and Freedoms treaties treaties written statutes written statutes court decisions. court decisions.

Types of Law Statute Law Statute Law formal, written law established by governments. formal, written law established by governments. Public Law Public Law laws designed to safeguard the public interest, and those governing and regulating the interaction of government and the people, are public laws. This includes criminal law, administrative law, constitutional law and public international law. laws designed to safeguard the public interest, and those governing and regulating the interaction of government and the people, are public laws. This includes criminal law, administrative law, constitutional law and public international law. Private Law Private Law people’s private relationships and individual concerns. This includes family law, personal injury claims and contract law. people’s private relationships and individual concerns. This includes family law, personal injury claims and contract law. Civil Law Civil Law relationships between individuals, and law concerned with individual, private concerns is known as civil law. Civil law is categorized as private law, and is focused upon seeking remedies from the court. relationships between individuals, and law concerned with individual, private concerns is known as civil law. Civil law is categorized as private law, and is focused upon seeking remedies from the court. Criminal Law Criminal Law laws that are made as deterrents to actions which would be harmful not only to individuals, but also to the community as a whole. Criminal law is public law, and focuses upon societal protection, rehabilitation and punishment. laws that are made as deterrents to actions which would be harmful not only to individuals, but also to the community as a whole. Criminal law is public law, and focuses upon societal protection, rehabilitation and punishment. Substantive Law Substantive Law defines the rights and obligations of the citizens and the state. It clearly identifies the substance of a law by describing an offence, and identifying the facts that must be proven in establishing that an offence has been committed. defines the rights and obligations of the citizens and the state. It clearly identifies the substance of a law by describing an offence, and identifying the facts that must be proven in establishing that an offence has been committed. Procedural Law Procedural Law defines the methods of enforcing rights and obligations of citizens and the state. It is designed to ensure fairness of process in the legal system by defining the steps in a legal action. defines the methods of enforcing rights and obligations of citizens and the state. It is designed to ensure fairness of process in the legal system by defining the steps in a legal action.

Making Laws Law making in Canada is undertaken by any of four levels of government: Law making in Canada is undertaken by any of four levels of government: federal parliament federal parliament provincial and territorial legislatures provincial and territorial legislatures Aboriginal councils Aboriginal councils municipal councils. municipal councils.

Law as a Cultural Construct Each society develops and implements a system of justice based upon, the values and needs of a society at a given time. Each society develops and implements a system of justice based upon, the values and needs of a society at a given time. Law is a reflection of the cultural beliefs of dominant groups within society. Law is a reflection of the cultural beliefs of dominant groups within society. The application of law is a function of the worldview of a community in time and place. The application of law is a function of the worldview of a community in time and place. Subsequently, the approach of one cultural group toward legal and justice issues may be very different from that of another. Subsequently, the approach of one cultural group toward legal and justice issues may be very different from that of another. In any society, something is an offence under law only because the society has deemed it to be so. In any society, something is an offence under law only because the society has deemed it to be so.

Worldview Know that worldview is influenced by an individual’s: Know that worldview is influenced by an individual’s: spiritual beliefs defining the meaning and purpose of existence spiritual beliefs defining the meaning and purpose of existence economic beliefs about creating and distributing wealth economic beliefs about creating and distributing wealth moral beliefs about people’s rights and obligations moral beliefs about people’s rights and obligations social beliefs about the organization of individuals into a society social beliefs about the organization of individuals into a society intellectual beliefs about determining truth and beauty intellectual beliefs about determining truth and beauty political beliefs about making and enforcing decisions within society. political beliefs about making and enforcing decisions within society.

Traditional Aboriginal View of Justice & Law a view toward community-based justice a view toward community-based justice a belief in laws developed in harmony with the natural environment a belief in laws developed in harmony with the natural environment learning the norms of society is through modelling, with all members of the community serving as teachers learning the norms of society is through modelling, with all members of the community serving as teachers offenders were dealt with as a community, with a view to preserving the community in a healthy state offenders were dealt with as a community, with a view to preserving the community in a healthy state self worth, dignity, hope and healing of offenders and community were paramount in the administration of justice. self worth, dignity, hope and healing of offenders and community were paramount in the administration of justice. The emphasis in traditional Aboriginal cultures was on restorative justice, rather than retributive justice The emphasis in traditional Aboriginal cultures was on restorative justice, rather than retributive justice

Restorative Justice Centres on the need to regain balance that was lost by the commission of a crime, to heal both victims and communities, while encouraging offenders to confront the consequences of their actions. Centres on the need to regain balance that was lost by the commission of a crime, to heal both victims and communities, while encouraging offenders to confront the consequences of their actions.

Traditional Western European Views of Justice & Law an adversarial system of courts an adversarial system of courts a punishment system for non-compliance with law a punishment system for non-compliance with law codified law and/or common law codified law and/or common law deterrence as a goal of sentencing deterrence as a goal of sentencing

Retributive Justice retribution is the act of taking revenge on a criminal offender, which serves as a deterrent. retribution is the act of taking revenge on a criminal offender, which serves as a deterrent.

The Living Law In the twentieth century, issues associated with new technology, such as wireless transmission of communication signals (television and radio), automobile transportation and air transportation, required development of new laws and regulations to guide usage. Therefore, the law is continually evolving. In the twentieth century, issues associated with new technology, such as wireless transmission of communication signals (television and radio), automobile transportation and air transportation, required development of new laws and regulations to guide usage. Therefore, the law is continually evolving.

The Canadian Charter of Rights & Freedoms fundamental guide in implementing the rule of law in Canada. The fundamental freedoms enjoyed by Canadians are those that we have deemed as important to both the liberty of the individual and the well being of the collective societal interest. fundamental guide in implementing the rule of law in Canada. The fundamental freedoms enjoyed by Canadians are those that we have deemed as important to both the liberty of the individual and the well being of the collective societal interest. Entrenchment: when an item is entrenched in the constitution, it is a fundamental belief of a society and is designed to be not easily or whimsically changed. Entrenchment: when an item is entrenched in the constitution, it is a fundamental belief of a society and is designed to be not easily or whimsically changed. the Charter of Rights and Freedoms provide limitations and guidelines on the relationship between governments and the citizens. Charter rights apply to most people in Canada, with exception to the rights accorded to those over 18. example: voting rights

Human Rights In Saskatchewan, it is against the law for someone to discriminate against people because of their race, religion, color, creed, place of origin, family status, marital status, nationality, disability, ancestry, sex, age (18-64), sexual orientation or receipt of public assistance. In Saskatchewan, it is against the law for someone to discriminate against people because of their race, religion, color, creed, place of origin, family status, marital status, nationality, disability, ancestry, sex, age (18-64), sexual orientation or receipt of public assistance. It is against the law for someone to discriminate against anyone in Saskatchewan on the basis of a prohibited ground in employment, education, publications, public services (e.g., restaurants, stores, hotels, government services), contracts or housing. It is against the law for someone to discriminate against anyone in Saskatchewan on the basis of a prohibited ground in employment, education, publications, public services (e.g., restaurants, stores, hotels, government services), contracts or housing.

Human Rights Defined Sex means gender: Sex discrimination includes discrimination based on pregnancy and Sex means gender: Sex discrimination includes discrimination based on pregnancy and pregnancy-related illness, as well as sexual harassment. Age means discrimination against people between ages 18 and 64. Age means discrimination against people between ages 18 and 64. Marital status means being married, engaged, single, separated, divorced, widowed or living common-law. Marital status means being married, engaged, single, separated, divorced, widowed or living common-law. Disability includes mental and physical disability. Physical disability is any degree of physical Disability includes mental and physical disability. Physical disability is any degree of physical disability, infirmity, malformation or disfigurement caused by bodily injury, birth defect or illness. Mental disability means a condition of mental retardation, a learning disability or a mental disorder. Family status means being in a parent-child relationship. Family status means being in a parent-child relationship. Receipt of public assistance means receiving assistance or benefits as defined in The Saskatchewan Assistance Act or The Saskatchewan Income Plan Act. Receipt of public assistance means receiving assistance or benefits as defined in The Saskatchewan Assistance Act or The Saskatchewan Income Plan Act.

Human Rights Saskatchewan Human Rights Code that offers protections to individuals against discrimination Saskatchewan Human Rights Code that offers protections to individuals against discrimination Canadian Human Rights Code offers protection to individuals against discrimination in federally regulated areas, such as the shipping industry, the postal service, or in any associations with federal agencies or federally regulated sectors of society. Canadian Human Rights Code offers protection to individuals against discrimination in federally regulated areas, such as the shipping industry, the postal service, or in any associations with federal agencies or federally regulated sectors of society.