Functions of LAW

Definition of LAW A set of rules of conduct established by government for all members of society to obey and follow.

apply to these situations. Name all the laws you can think of that might apply to these situations.

MAIN FUNCTIONS OF LAW THINGS TO CONSIDER Provides a framework within which all members of a society must behave Reflects a society’s values

4 MAIN FUNCTIONS OF LAW 1) PROVIDES A BASIS FOR SETTLING DISPUTES OR DISAGREEMENTS -peacefully through discussion and negotiation or through the courts as a last resort.

2) ESTABLISHES RULES OF CONDUCT -minimizes or reduces possible conflicts ie: drinking age, speed limits, seatbelts, others???

3) PROTECTS RIGHTS AND FREEDOMS -court system, RCMP, provincial and local police forces ensure public safety and the protection of life and property. Criminal Law -prohibits individual’s rights Constitutional Law -ensures individual rights aren’t taken too far Charter of Rights and Freedoms -limits law makers and enforcers

4) PROTECTION FOR SOCIETY -protects people from groups who might take advantage of you. ie: Contract Law -protection from retailers, landlords… Labour Law -minimum wage, working conditions

ACTIVITY Write down four “unfair” laws on a piece of paper. Find a partner and share your statements with your partner’s. Reach a consensus on 2 of the eight laws that you think should be changed. 3) Find another pair to share your opinions with. Reach a consensus on only 4 laws you feel should be changed. 4) Each group write their “bad laws” on the board. As a class choose which are the four worst laws from all the lists.

What causes laws to change? DEMOGRAPHIC CHANGES TECHNOLOGICAL CHANGES CHANGES IN VALUES NATIONAL EMERGENCY

1) DEMOGRAPHIC CHANGES Change relating to birth and death rates, trends in immigration, education and employment. Ex: pay equity for women, shift from rural to urban in 1st half of 20th Century lead to improvements in working conditions for factories, Medicare (Medical Care Act in 1966-Tommy Douglas)

2) TECHNOLOGICAL CHANGES Decides which level of government has jurisdiction over new inventions. Ex: telephone, satellite, radio, Internet…

3) CHANGES IN VALUES People used to tolerate certain forms of behaviour in the past that would be considered outrageous today. Lobby groups react to make changes to the Criminal Code Ex: Increased penalties for drunk driving, anti-smoking laws for public places, discrimination of minority groups…

4) NATIONAL EMERGENCY Changes the law to respond to national emergencies which arise. Ex: Income Tax Act - response to depression after WW1 Anti-Terrorism Act/Public Safety Act – response to terrorist attacks on US which greatly increases the investigative powers of police and security forces.

“RULE OF LAW”- the fundamental principle that society is governed by laws applying equally to all persons and that neither any person, nor the government is above the law. Formulated in the Magna Carta (list of legal rights that the English barons forced King John to sign in 1215) Says laws are necessary to keep society orderly Applies equally to everyone, including highest officials Every person has legal rights which can’t be taken away, unless they break the law Changes must occur in an orderly fashion and in a way that reflects the decisions of a democratically elected government.