What is law CLN 4 CR Lesson 2

What is law? CLN 4 CR Lesson 2

What is law? In the News: Minds On: Rules v Law, Warm up questions. Action: a) What is Law note and discussion b) Roncarelli v Duplessis case c) Law & Morality; Law & Justice Consolidation: R V Dudley & Stevens

Rules v Laws What’s the difference? Make a list of examples. Discuss with the person next to you.

Answer with your neighbour… • Do laws improve our lives or make them harder? • Why do people usually obey the law, even when no one is watching? • Why is it acceptable for the government to punish people but not for the average person to do so? • Why doesn’t the Prime Minister automatically turn into a dictator when in power? • How do “the people” govern, in Canada?

Introduction to Canadian Law • If human nature were perfect, there would be no need for law.

What is Law? 1. Laws are a set of rules established and enforced by the government. 2. Laws are mandatory. 3. Laws involve a detailed system of consequences.

What if there are no laws? • Chaos and anarchy • Imagine trying to drive if there was no Highway Traffic Act

Why do we need laws? • To prevent anarchy & chaos • To bring peace and order to society • To protect members in society • To ensure justice is served Rule of Law: the principle of justice stating that • the law is necessary to regulate society, • that law applies equally to everyone, and • that people are not governed by arbitrary power

What do laws do? • They protect society • They provide a way to solve problems

What are laws based on? • Laws reflect the values, morals, and beliefs of society Values: • things which people feel are important (life, freedom of speech, religion) Morals: • conformity to accepted codes of behaviour Beliefs: • how people think (views on issues like capital punichsment, abortion, education)

Right and Obligations • Under the law you are entitled to certain rights • With these rights come undeniable obligations • When you are 18 you are given the right to vote • You have the obligation to learn about the issues at stake • When you are 19 you are given the right to drink alcohol • With that comes the obligation to drink responsibly and not injure someone through your careless actions

What makes laws effective? • Fair • Organized • Reported • Published and accessible • Enforced and administered

Roncarelli v Duplessis [1959] SCR 121 • Proof that we need strong laws to protect everyone • Reinforcing the Rule of Law

Law and Morality • Some laws reflect the moral values of society • Can be controversial • In a multicultural, democratic system, tensions may exist between standards of right and wrong • Sometimes governments make laws that are beyond some communities

Examples: • Death penalty (capital punishment) • Doctor assisted death • Abortion • Same-sex marriage • Control of tobacco, alcohol, marijuana • Physical punishment of students • Prostitution legislation • Drunk driving

Law and Justice fair behaviour or treatment • Inequality wasn’t always considered ‘unjust’ • Today we consider equality the heart of justice • Is there any time when equality isn’t necessarily ‘just’? R v Dudley and Stevens (1884), 14 QBD 273