Law and Morality CLN4U

Functions of the Criminal Code Preventing harm to people and property Preventing harm to people and property Preventing action that challenges gov’t authority and institutions Preventing action that challenges gov’t authority and institutions Discouraging personal revenge Discouraging personal revenge Preventing harm to oneself Preventing harm to oneself Expressing and enforcing morality Expressing and enforcing morality

Preventing harm to people and property Injury Injury Death Death Theft or damage of property Theft or damage of property

Preventing action that challenges gov’t authority and institutions Treason Treason Riots Riots Insurrection Insurrection

Discouraging personal revenge Citizens cannot take the law into their own hands Citizens cannot take the law into their own hands In order to effectively discourage vigilantism, citizens must be confident in the justice system in addition to fearing the penalties In order to effectively discourage vigilantism, citizens must be confident in the justice system in addition to fearing the penalties

Preventing harm to oneself Legal paternalism: when laws are enacted to promote the good of citizens by overruling their own judgment about what is good for them. Legal paternalism: when laws are enacted to promote the good of citizens by overruling their own judgment about what is good for them. Essentially, gov’t acts as “father figure” to a nation of children Essentially, gov’t acts as “father figure” to a nation of children Ex: drugs, prostitution, suicide Ex: drugs, prostitution, suicide

Expressing and enforcing morality Is morality subjective or objective? Is morality subjective or objective? “Cannibalism is moral in a cannibal country.” – Samuel Butler “Cannibalism is moral in a cannibal country.” – Samuel Butler Law must strike balance between reflecting the moral views of the majority while protecting differing opinions of minorities (to a degree) Law must strike balance between reflecting the moral views of the majority while protecting differing opinions of minorities (to a degree)

Discussion Legal paternalism Legal paternalism Pros/cons? Pros/cons? Is it ever necessary to take the law into your own hands? Is it ever necessary to take the law into your own hands? Is this okay? Is this okay? What does it say about our society? What does it say about our society?

Law and Morality Can a crime occur if there is no victim? Can a crime occur if there is no victim? Consensual crimes Consensual crimes Prostitution, obscene material, drugs Prostitution, obscene material, drugs Individuals who commit these crimes generally know what they’re getting into, and only potentially harming themselves, so are they victimless crimes? Individuals who commit these crimes generally know what they’re getting into, and only potentially harming themselves, so are they victimless crimes?

Law and Morality Harm to society Harm to society Moral view: dehumanizing/debasing/degrading Moral view: dehumanizing/debasing/degrading Economic view: potential cost to healthcare system Economic view: potential cost to healthcare system Harm to individuals Harm to individuals protecting young people, disadvantaged/desperate people who are more susceptible to exploitation protecting young people, disadvantaged/desperate people who are more susceptible to exploitation

Law and Morality When does an immoral act become criminal? When does an immoral act become criminal? “Good Samaritan” Laws (provincial jurisdiction) “Good Samaritan” Laws (provincial jurisdiction) The Charter contains a provision that imposes an obligation to render aid if it can be accomplished without serious risk to the good samaritan or a third person The Charter contains a provision that imposes an obligation to render aid if it can be accomplished without serious risk to the good samaritan or a third person There is still little jurisprudence interpreting these provisions There is still little jurisprudence interpreting these provisions Quebec is unique in Canada in imposing a duty on everyone to help a person in peril Quebec is unique in Canada in imposing a duty on everyone to help a person in peril The duty to take action stems from the Quebec Charter of Human Rights and Freedoms enacted in 1975, and the Civil Code The duty to take action stems from the Quebec Charter of Human Rights and Freedoms enacted in 1975, and the Civil Code In the rest of Canada, there are no laws making it obligatory for people to help someone in need In the rest of Canada, there are no laws making it obligatory for people to help someone in need

Law and Morality What happens when the law is out of step with the moral values of society? What happens when the law is out of step with the moral values of society? Slavery, women’s rights Slavery, women’s rights Abortion: Morgentaler case Abortion: Morgentaler case