1 Jurisprudence

2 Pete and Jurisprudence

3 Jurisprudence Jurisprudence – is the philosophical interpretations of the meaning and the nature of law Jurisprudence – is the philosophical interpretations of the meaning and the nature of law May also be intrepreted as an interlocking set of beliefs and ideas that have evolved over time and control our behaviour and protect our interests May also be intrepreted as an interlocking set of beliefs and ideas that have evolved over time and control our behaviour and protect our interests

4 Jurisprudence What is the purpose of law & where does it come from? What is the purpose of law & where does it come from? What is law?... more on jurisprudence What is law?... more on jurisprudence The ultimate legal concept: The ultimate legal concept: Associated with abstract qualities such as justice, legitimacy, equality and morality Associated with abstract qualities such as justice, legitimacy, equality and morality Concepts of just or unjust, fair or unfair, good or bad Concepts of just or unjust, fair or unfair, good or bad

5 Jurisprudence We value laws for their intrinsic qualities rather than for the purposes they were meant to achieve We value laws for their intrinsic qualities rather than for the purposes they were meant to achieve Laws usually involve rightness or morality Laws usually involve rightness or morality Society’s view of rightness or morality changes over time Society’s view of rightness or morality changes over time

6 Jurisprudence Scenario… Scenario… A man’s wife is almost certain to die without a certain drug. The druggist who invented the drug won’t sell it to the husband except at a very high price, more than the husband can possibly pay. He will not consider the possibility of receiving part of the money later. A man’s wife is almost certain to die without a certain drug. The druggist who invented the drug won’t sell it to the husband except at a very high price, more than the husband can possibly pay. He will not consider the possibility of receiving part of the money later. Should the husband steal the drug to save his wife’s life? CLASS DISCUSSION Should the husband steal the drug to save his wife’s life? CLASS DISCUSSION

7 Jurisprudence Consider… could we eliminate sexual abuse of children by providing police unlimited access to private homes or monitoring of all internet accounts (like employers do)? Consider… could we eliminate sexual abuse of children by providing police unlimited access to private homes or monitoring of all internet accounts (like employers do)? The purpose of the law is admirable (protection of children), but the quality of the law itself creates repugnance as the idea of unlimited police intrusion makes the law unacceptable The purpose of the law is admirable (protection of children), but the quality of the law itself creates repugnance as the idea of unlimited police intrusion makes the law unacceptable

8 Jurisprudence We talked about the iceberg analogy previously and how the invisible part of law is the study of law’s origins and factors that influence their development (i.e. politics, religion, economics) that vary between countries We talked about the iceberg analogy previously and how the invisible part of law is the study of law’s origins and factors that influence their development (i.e. politics, religion, economics) that vary between countries When we examine the “invisible” part we understand the values, mores and folklore of a society When we examine the “invisible” part we understand the values, mores and folklore of a society

9 Jurisprudence Our sense of justice changes over time Our sense of justice changes over time Ex. In the 1900’s, it was acceptable for students to be punished with whips Ex. In the 1900’s, it was acceptable for students to be punished with whips The ideas was that corporal punishment would ensure maturity and development The ideas was that corporal punishment would ensure maturity and development In the 1960’s, it was (wrongly) considered acceptable for a man to beat his wife In the 1960’s, it was (wrongly) considered acceptable for a man to beat his wife Expression, “Rule-of_Thumb” referred to the maximum size of a rod a man would beat his wife with Expression, “Rule-of_Thumb” referred to the maximum size of a rod a man would beat his wife with

10 Patent Sticks for Family Correction – Warranted Lawful

11 Jurisprudence – Due Process Due Process helps ensure that justice is served Due Process helps ensure that justice is served (1) Provides us with rules and procedures laid out in statutes and court decisions (1) Provides us with rules and procedures laid out in statutes and court decisions Ex. The Law of Bail in Canada applies to all of the procedures that must be followed when the police detain any citizen Ex. The Law of Bail in Canada applies to all of the procedures that must be followed when the police detain any citizen

12 Jurisprudence – Due Process (2) Sets out the rights and obligations that society has in legal proceedings (2) Sets out the rights and obligations that society has in legal proceedings Ex. Accused doesn’t have to testify, but a witness to a murder does have to testify, even if they are a criminal, even if testifying reveals another, presumably lessor crime, but under Common Law and the Charter, this can’t be used against them Ex. Accused doesn’t have to testify, but a witness to a murder does have to testify, even if they are a criminal, even if testifying reveals another, presumably lessor crime, but under Common Law and the Charter, this can’t be used against them

13 Jurisprudence – Due Process (3) Law acts as a mirror – reflects the values of society (3) Law acts as a mirror – reflects the values of society Ex. Criminalization of marijuana Ex. Criminalization of marijuana Ex. Enforcement of speed laws Ex. Enforcement of speed laws Ex. Same-sex marriage Ex. Same-sex marriage Ex. Abortion laws Ex. Abortion laws

14 Jurisprudence – Rule of Law Mr. B. is always right (I wish!) Mr. B. is always right (I wish!)

15 Jurisprudence – Rule of Laaw (1) Recognition that law is necessary for an orderly society (1) Recognition that law is necessary for an orderly society In order for us to ensure our safety, we assume that everyone else will follow the law In order for us to ensure our safety, we assume that everyone else will follow the law (2) The applies equally to everyone, especially to those with power and authority (2) The applies equally to everyone, especially to those with power and authority (3) Person’s legal rights will not be taken away except in accordance with the law (due process) (3) Person’s legal rights will not be taken away except in accordance with the law (due process)

16 Jurisprudence – Democratic Government The government makes all of the law and Canadians have the power to vote The government makes all of the law and Canadians have the power to vote Every 5 years, the Canadian government must hold an election (except in times of war or national emergency) but if the party in power is a minority elections can be held more frequently Every 5 years, the Canadian government must hold an election (except in times of war or national emergency) but if the party in power is a minority elections can be held more frequently

17 Jurisprudence – Democratic Government Our next federal election is October 14 th Our next federal election is October 14 th

18 Jurisprudence – Democratic Government The constitution is what gives the government it’s power The constitution is what gives the government it’s power Individuals can use courts to challenge government laws that are seen as unconstitutional and if the Supreme Court agrees the laws in question can be struck down Individuals can use courts to challenge government laws that are seen as unconstitutional and if the Supreme Court agrees the laws in question can be struck down

19 Jurisprudence – Independent Justice System Respect for law – judges (judicial branch) must function independently of all other branches (the other two branches are the executive and the legislative branch) Respect for law – judges (judicial branch) must function independently of all other branches (the other two branches are the executive and the legislative branch) In Canada, judges are appointed for life, not elected (unlike the U.S.) which is seen as an important aspect of their judicial independence In Canada, judges are appointed for life, not elected (unlike the U.S.) which is seen as an important aspect of their judicial independence