An Introduction to Law

Learning Goals:  Investigate what a law is  Describe the 5 functions of law  Distinguish between rules vs. Laws  Discussion/Reflections regarding laws in practice/how society views laws

BRAINSTORM… WHAT IS A LAW? NOW - USE PAGES 6-8 FROM THE TEXTBOOK TO HELP YOU WITH THIS PAGE.

1. What is a Law? (consider wearing a hat while in school compared to a fight in the hallway) 1. Laws are a set of rules established and enforced by the government. 2. Laws are mandatory (EVERYONE must follow them). 3. Laws involve a detailed system of consequences.

2. Explain: A “society” of one requires no laws but as the population increases so will the number and complexity of the laws?  ONE – actions do not interfere with the needs or concerns of anyone else  Population Increase – the more people there are, the more varied are the interests and requirements of the group. Therefore, the need to restrict, within reason, the complete freedom each person claims will be greater.

3. Every society or state will develop individual laws. Some of these laws are universal and others are specific to the populated region. Why do different laws exist for different societies?  Societies have different interests and requirements.  Example: In Canada we must have labels printed in French & English. The United States only require English (some states require Spanish as well)

4. List the Five Functions of Law and briefly explain each. 1. ESTABLISH RULES OF CONDUCT – Laws are needed to minimize or reduce possible conflicts. 2. PROVIDE A SYSTEM OF ENFORCEMENT – Laws must be enforced for people to believe in them and respect them. 3. PROTECT RIGHTS AND FREEDOMS – The Charter of Rights and Freedoms limits law makers and law enforcers as well as individuals. 4. PROTECT SOCIETY – Laws are needed to protect you and others from people or groups who might take advantage of you. 5. RESOLVE DISPUTES – Laws help create order and ensure that disagreements are solved fairly.

5. Already today you have been regulated by several rules and laws. List five rules and five laws that have impacted on you or influenced decisions you made since you woke this morning. RULESLAWS Example: had to get to the bus on time Example: obeyed the Highway Traffic Act Get to class on time Ontario Education Act Had to eat breakfast before school Food & Drug Regulations No hats in school Preston Code of Conduct No food in the classrooms Food & Drug Regulations and Preston Code of Conduct

6. Many people would argue that when laws increase an individual’s freedom decreases, which makes the concept contrary to one of the main functions. Others would counter the argument by stating that restricting some freedom only allows you to enjoy more freedoms and rights. Explain both points of view using appropriate examples and conclude your position 1) Laws increase—individuals freedom decreases - Not necessarily true – more freedom to be in public, i.e. less discrimination Oppose: texting & driving- stricter rule, less freedom 2) Restricting some freedom only allows you to enjoy more freedoms & rights  texting & driving – allows you to share the road safely Oppose: Religions laws & Discrimination- not allowing certain groups to discriminate/ operate- increase freedom of others

7. Some students would argue that to establish ‘grounds for fair play’, all high schools in the county should have a standardized code of rules. For example: dress code, length of periods/day conduct/penalty etc. Answer the following questions on a separate sheet: What would be the advantages and disadvantages of this code? Why do schools have their own set of rules? Which side of the argument would you be on? Why? Dress code: Advantage: Uniformity, no discrimination Disadvantage: less expression, stereotypes

8. Laws are constantly changing. Using the headings listed below, explain with the use of examples why laws are ‘dynamic’ AREAEXAMPLES OF CHANGES Technology Internet  identity fraud, cyber bullying cell phones Social Gangs Drinking & driving Various ethnic groups Smoking Gathering in public i.e. demonstrations/ with friends – events happening in world (9/11  airports) Political Platforms  taxes  healthcare  education Environmental Pesticides – response to global warming Aerosol sprays Littering “Green Movement” – social groups pressure Economic Taxes – HST Counterfeit money ScientificDNA

9. Many people consider it to be all right to commit small ‘petty’ crimes. (speeding, running yellow/red lights, drinking underage). Their arguments often involve: I’m not hurting anyone! I won’t get caught! What’s the ‘Big Deal’! Laws must reflect society’s needs and must contain an identifiable purpose and consequences must be imposed for wrongful actions. If this criteria is not present, individuals will constantly ‘break the law or rules’. Explain a school rule or a law (other than the ones above) that are constantly being challenged or abused and explain why this particular case takes place.  Phones  Dress code  Jaywalking  Hats  Smoking Pot

10. You traveled over to the U.S. for a day and got a great deal on a pair of basketball shoes and a jacket. You have saved about 50% compared with the price in Canada. The border guard asks you if any ‘goods’ have been purchased. You know the duty will reduce the ‘great deal’. Are you the type to take a chance and say nothing or in this case are you honest? What do you think most people would do? What message does this reveal? Answer on another sheet.  Rather take the chance, not enforceable

On a piece of paper answer the following questions 1. What is a Law? 2. Why do different laws exist for different societies? 3. List the Five Functions of Law