CLN4U: UNIT 1 REVIEW. Major Topics  Four schools of legal thought:  Natural Law  Legal Positivism  Legal Realism  Critical Legal Theory  R v. Dudley,

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CLN4U: UNIT 1 REVIEW

Major Topics  Four schools of legal thought:  Natural Law  Legal Positivism  Legal Realism  Critical Legal Theory  R v. Dudley, Case of the Cave Explorers  Sources of Law – culture, history, constitution  Legal Philosophers – know at least 2 from both natural and positive law  Categories of Law – Substantive or Procedural, Public or Private

Test Breakdown Part A: Compare and Contrast (4 marks) Part B: Fill in the Blank(9 marks) Part C: Short Answer (6 marks) Part D: Personal Response (6 marks)

Legal Theories  Generally, there are two views of “just and unjust” that are reflected in our legal system  Natural Law  Positive Law

Natural Law  Right and wrong are concepts that are independent of human experience. Therefore, the laws proclaimed by humans who happen to be in control may not always command obedience. The explanations of how humans perceive these never changing concepts depend on the philosopher that is being studied. This is called natural law.

Positive Law  Right and wrong are what we as a group, culture, nation, or civilization decide they are. The only way to define what is just or right or wrong is to look at what the law says. This is called positive law or legal positivism.

Philosophers  Know at least the main ideas from a few of the following philosophers – one from each of Natural law and Positive law: Natural Law Plato Aristotle Cicero St.Thomas Aquinas R.M. Dworkin Positive Law Thomas Hobbes John Locke Jeremy Bentham John Austin

Sources of Law  Religion  Customs and Conventions  Social and Political Philosophy  Constitution  Statues & Regulations  Court Decisions

Schools of Thought: MAIN IDEAS  Natural Law  Legal Positivism  Legal Realism  Critical Legal Theory

Categories of Law  Substantive  Laws whose object is to define rights and obligations  i.e. making it unlawful to operate a motor vehicle if the driver has over 80mg of alcohol in 100mL of blood  Procedural  Laws whose object is to govern how society enforces those rights and obligations  i.e. dealing with admission of a certificate of breath analysis to enter blood-alcohol content into evidence

Categories of Law  Private Law  Legal rules that govern people’s private relationships  i.e. contract, property, tort, family, corporate  Public Law  Laws that govern and regulate the interactions of the state and its subjects  i.e. constitutional, criminal, administrative

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