+ Law & Society

+ Thoughts? “The laws of a society reflect the values and beliefs of the people in that society.” Law is dynamic and changes as a society changes. Look at the quotes on page 8.

+ Law in Our Lives: The Charter In 1982, the Government of Canada enacted the Charter of Rights and Freedoms to guarantee the rights for all Canadians regardless of age, race, ethnicity, religion, gender, or sexual orientation. If this is in place, why should we study law? To ensure that the legal system continues to work, Canadians need to become informed, thoughtful citizens capable or effecting meaningful change. To study law, we are studying people, how they behave, what they value, and how they solve problems.

+ Rules Versus Laws Rules resemble laws but are not enforced by the courts. If you don’t complete your chores at home, the police are not going to arrest you. You are able to change the rules to games if you want to. Laws are different because you cannot opt out of or change laws. If you break a law, whether or not you agree with it, you will be punished.

+ What is Law? A difficult question as it encompasses more than crime and courts. In our complex society, laws regulate our social, political, and economic activities from birth to death. Who we can marry Ingredients in products If we can put a swimming pool in They differ nation to nation, province to province and city to city.

+ Beliefs... Some people argue that: The law is determined by the political party in power For example, apartheid in Africa until 1994 Law is a social necessity Everyday life would be chaotic if there were no laws stopping us from assaulting or stealing. Laws tend to change with time and according to location. Women’s Rights

+ Rule of Law A three part principle: 1. Individuals must recognize and accept that the law is necessary to regulate society. 2. The law applies equally to everyone, including people in power (Heads of State, police, politicians, judges) 3. No one in our society has the authority to exercise unrestricted power to take away our rights except in accordance with the law. People are not governed by arbitrary power.

+ Law and Morality Sometimes law makers apply standards to society that go beyond what some communities want. For example: in 1976, the Canadian Government abolished the death penalty despite the fact that Canadians were divided on the topic. Other times, the will of the people challenges Parliament to change the laws to represent the moral views of society. For example: an increase in the penalties for drinking and driving. For the most part, the laws reflect the community standards. People who do not agree with the law are free to speak out and try to change the law.

+ Law and Justice The concept of justice has varied over the years. In Greek society, inequality was not considered injustice. Canadians today would place equality at the heart of justice. As a society we agree on certain characteristics of justice: 1. Treat similar cases alike and different cases differently. 2. We consider a law unjust if it discriminates on a basis of irrelevant characteristics. 3. Justice should be impartial. 4. We expect the law to be just in that it conforms to society’s values and beliefs.