Introduction to Law Understanding Legal Phenomenon

Definitions  Concept of Law  System of Law  The Law What`s the difference?

Concept of Law  The characteristic qualities, values, virtues and ideas comprising the law. These characteristic qualities give meaning and significance to the system and laws of a society.  E.g. fairness, equality, authority, etc.

System of Law  This is a fact. As a system, law interconnects the various institutions empowered to carry out the purpose of the law. Institutions may include the both the facilities (e.g the judicial system and the penal system) and the procedures (e.g. bail system and the jury system). In total, they form the body of our legal system.

The Law  These are the actual rules and principles established to govern the conduct of individuals established to govern the conduct of individuals in a society. They include the substantive law (e.g. right to a fair trial) and the procedural law (e.g the rules associated with a fair trial)

What aspect of ‘law’ applies?  Examine each situation and decide which of the three definitions of ‘law’ is most suitable.

Matching Legal Concepts with Definitions (text supplement)  Democracy  Sovereignty  Jurisdiction  Power  Authority  Legitimacy  Ownership  Rights

Applying Legal Concepts in Context  Duties  Equality  Equity  Morality  Humanity  Law  Justice

A Question of Justice  When you see something that is unfair or unjust, would you say respond more like a:  Lion  Dove  Deer  Fox  What is most ideal?

A Group Simulation: Lost at Sea  Groups of 4  Lost at sea – uncharted island  No teacher  25 members of the class survive  All but clothing is lost in the wreckage  Create, a safe, peaceful and just society!  Submit one answer sheet per group

Six Essential Principles of Good Laws  1. Laws should be fair – they should be approximately the same for ALL members of the society.  2. Laws should be publicized and understood by all the members of society. The members should be aware of the penalties involved if they break the law and should know what their rights are and what recourse they have if their rights are violated.  3. Laws should not be capable of being changed to suit the whim of the times or a specific group in the society.  4. Adequate deterrents or punishments must be provided.  5. Laws must be recorded in some permanent form. (i.e. Criminal Code)  6. Laws must be enforceable.