1. Law, Justice and Morality

2. Justice
What is just?

3. Justice
Is it “just” that people who commit crimes should have to pay for the damage they cause?
California Restitution Law

4. Justice How important is fault?
Is someone with a mental disorder at fault?
Luka Magnotta
Blame - Radiolab

5. Justice Treat like cases alike and different cases differently
Don’t discriminate on the basis of irrelevant characteristics
Justice must be impartial (regardless of position or status)
Law must conform to society’s standards or beliefs

6. Morality
What are the sources of moral values?

7. Morality Evolving Standards What are you okay with? Dilemma Areas
Sexuality
Drugs
Evolving Standards

8. Historical Roots Napoleonic Code (1804) Commissioned by Napoleon
Combined Justinian Code and Germanic Law
Spread as he conquered
Still the basis of French law (and Quebec’s) today

9. Influences on Canadian Law
British Law is most significant
Right down to courtroom setup

10. Quick Review -- Questions
What is a codified law?
Name two examples of codified laws.
What is the difference between restitution and retribution?
Whose name gave rise to the word “justice”, and why?

11. Quick Review -- Answers
Codified means written down and numbered (listed).
Code of Hammurabi, Mosaic Law, Justinian’s Code, Napoleonic Code, Criminal Code, Human Rights Code
Restitution seeks to restore the victim; retribution seeks to punish or exact vengeance on the wrongdoer.
Justinian I (Byzantine Emperor 529 AD). He created Justinian’s Code

12. British Law
Originally Roman Law ( AD)

13. British Law – Dark Ages Trial by Ordeal Trial by Oath Helping
Relied on torture and “God’s Judgment.”
Trial by hot iron, trial by hot water, trial by cold water
Outcome would determine guilt or innocence
Trial by Oath Helping
Less serious charges
Line up friends to swear you wouldn’t do that

14. British Law – Dark Ages Trial by Combat Introduced by Normans (1066)
Duel to prove guilt or innocence
Practice of hiring a “representative” developed

15. British Law The Feudal System 1066 – William the Conqueror invades
Rule by “Divine Right”
Feudal system was instituted
Local lords decided disputes
Inconsistent Law

16. British Law Henry II (1154-1189) Sought consistency
Appointed first judges
Travelled from place to place
No codified laws so judges relied on existing traditions and sense of fairness
Judges noticed similarities and decided that similar cases should be decided in similar ways.

17. British Law Judges began recording cases and decisions to assist
Gave birth to “case law” or “common law” (information was common to all
Rule of precedent or stare decisis arose

18. The Rule of Law
King John (son of Henry II) was forced to sign the Magna Carta in 1215
The King was now bound by the law
The origin of the “RULE OF LAW”
The law rules, not the king
Also recognized habeas corpus (right to appearance in court within a reasonable time)

19. The Rule of Law
The law is necessary to regulate society (Manitoba Languages Act Case)
The Law applies equally to everyone and no one is above the law
No-one can exercise unrestricted power and take away our rights except in accordance with law (Roncarelli v. Duplessis p.15)