jurisprudence

JURISPRUDENCE & LAW Jurisprudence: The science or philosophy of law that deals with both applying legal doctrine and investigating the concepts, notion, and principles of legal thought. Law: A body of enforceable rules governing relationships between individuals and between individuals and their society.

JURISPRUDENCE DEF CONT... May be thought of as a puzzle (or legal matrix) that includes many interlocking concepts, theories, principles and institutions It is a way of thinking about the law It is about the search for coherent, principled approaches toward law making, especially judicial lawmaking resulting in case precedents “The Scales of Justice”

EXAMPLES OF JURISPRUDENCE SECTION 7 OF CHARTER (Right to life, liberty and security of the person) CASE 1: Sue Rodriguez v. British Columbia -applied to the court for doctor assisted suicide claiming her rights have been denied. -Supreme Court rejected her appeal in a long complex divided judgement.

EXAMPLES OF JURISPRUDENCE CASE 2: R. v. Morgentaler -applied to the courts for right to perform abortions under claiming women’s rights have been denied -Supreme court struck down the abortion law that had denied women the right to get an abortion. SHOULD THE COURT HAVE THE MORAL AND LEGAL RIGHT TO DECIDE THESE QUESTIONS?

MATRIX OF JURISPRUDENCE

NATURAL LAW DEFINITION: A system of universal moral and ethical principles that are inherent in human nature & that people can discover by using their natural intelligence E.g. murder is wrong, parents are responsible for acts of their children

NATURAL LAW CONT… There is a distinction between ideas and rules existing in nature and those created by humans Supporters assume that it is human nature to be good, and that all people strive to be good and goodness is essential for our well being Natural law is universal Supporting Philosophers: Plato, Socrates, Aristotle, Cicero, St. Thomas Aquinas

POSITIVE LAW The written laws of a particular society at a particular point in time. E.g. Canadian Constitution, published judicial decisions. Law is simply what the political authority or lawmakers commands Law is coercive, or forceful, in order to preserve order Obedience to the existing law is essential No connection between law and morality Supporting Philosophers: Hobbes, Bentham, Austin, Hart, St. Augustine