What is law? CLN 4CR Lesson 2

What is law? In the News: Minds On: Rules v Law, Warm up questions. Action: What is Law note and discussion Roncarelli v Duplessis case 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? Laws are a set of rules established and enforced by the government. Laws are mandatory. 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 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