Introduction to Law Law is like time. I know what it is, but if someone asks me, I know not.” – Saint Augustine

Law in Our Lives: Law is everywhere in our society Canada’s legal system represents principles Canadian’s believe in and value It is important to study law so that the legal system continues to work while being influenced by thoughtful, informed citizens who can make meaningful change The study of law is the study of people; how they behave, what they value and how they solve problems

What Purposes Does Law Serve? 1. Helps to avoid or settle disputes Example: In 2008, lawsuits were brought against Maple Leaf Foods by the families of victims of listeria (tainted meat).

2. Clearly states rights and obligations of citizens and their government Examples: Charter of Rights and Freedoms Criminal Code

3. Provides remedies (solutions, compensation) In the Maple Leaf Foods lawsuits out of court settlements totalling $ 27 million were reached to compensate the victims and their families

4. Sets up the structure of government Example: Constitutional Law clearly outlines areas of law making power for various levels of government

5. Maintains order and provides protection Examples: Laws are enforced by police in order to deter behaviour deemed unacceptable by society

6. Directs how to make laws Example: Constitutional Law outlines legal procedure for introducing ideas for law and for passing them.

Rules v. Laws: Breaking rules can result in a consequence but they are not enforced by the police and courts One can opt out of many rules. One cannot opt out of laws or change laws on their own If one breaks a law and is caught, they face punishment Rules are not laws, but all law are rules

What is Law?: Law regulates our social, political and economic activities Laws can differ between nations, provinces and cities Some argue that law is whatever the government says it is. Others argue law is a social necessity to help society function by reason and fairness and not by brute force Each generation influences the system and the laws that are passed reflect the society of that period For example: 1960s and 1970s – first national divorce laws, prison reform emphasizing rehabilitation 1982 – enactment of Charter of Rights and Freedoms to guarantee the rights of all Canadians regardless of age, race, gender, religion… 2007 – law legalizing same-sex marriage

The Need for Law: Laws create predictability and structure for a safe and peaceful society Laws protect the rights of individual citizens, including and especially against the government

Rule of Law: Three-part principle of justice 1. Individuals recognize laws are necessary to regulate society; to maintain order 2. Law applies equally to everyone, including heads of state, police, and politicians 3. No one can exercise unrestricted power to take away rights except in accordance with the law

Law and Morality: Some laws are purely practical and indisputably make sense (ex. property rights, traffic). Other laws reflect the values of the majority of society (ex. euthanasia, child pornography, spanking) Anytime that laws reflect moral values and belief, there will be controversy Examples?

Law and Justice: JUSTICE is NOT “JUST US” What is justice? The answer changes over time (ex. ancient Greece and inequality v. Canada and equality) Is equality always required for justice? (ex. Defense of Necessity) Characteristics of Justice Treat like cases alike & different cases differently A law is unjust if it discriminates using irrelevant characteristics Law should be impartial, regardless of a person’s position or financial status Laws must be just and have some relationship to society’s values and beliefs (ex. no DNA at birth example) JUSTICE is NOT “JUST US”

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