The Nature of Law Unit One: Heritage CLU3M C. Olaveson 1

The law is reason, free from passion. Aristotle Greek Philosopher (384-322 BCE) Law is the embodiment of the moral sentiment of the people. William Blackstone English jurist and professor (1723-1780) Morality cannot be legislated, but behaviour can be regulated. Judicial decrees may not change the heart but they can restrain the heartless. Martin Luther King Jr. Political Activist (1929-1968) 2

WHY LAW? People are social creatures that tend to congregate Many people coexisting will create a society Any society will generate a set of values and objectives What must we do? WHY LAW? What must we not do? These collective rules will create a system of law 3

… a series of rules that govern Law is... … a series of rules that govern 1) the relationship between individuals 2) the state (country) 3) the relationships of business and associations 4) society 4

Law is constantly changing! As societies and cultures change, their values and morals change “Law should be looked upon as a running stream, carrying society's hopes, and reflecting all it's values.” - Chief Justice Bora Laskin 5

As Law Students You will learn that: the study of law is complex You must understand society to understand law NOTHING in law is black and white 6

These rules, applied in our society, form the LAW. Anti-Social Acts When you break the rules of society, such as by taking someone's property, swindling someone in business, obstructing a snowplow in city streets in winter, murdering your neighbor, various punishments are prescribed. These rules, applied in our society, form the LAW. 7

How Does The Law Affect You? As a Canadian – you are free to do as you want – except for those things which the law prohibits. Some people readily accept the rules while others have more difficulty For this reason, enforcement of rules is necessary. Canadians are governed by the 'rule of law' What would happen if there were no laws in society? 8

Law: any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. Jurisprudence: the entire subject of law, the study of law and legal questions. Technically, jurisprudence means the “science of law.” Authoritative Principles: rules, standards, and values that guide judges when making legal decisions. The Rule of Law: The condition that exists where law rules above any particular party or person. (i.e. the government must follow the law it makes, the law applies equally to all, and no action can be taken unless authorized by law) 9