1. Theories of law

2. NATURAL LAW DEFINITION:
A system of universal moral and ethical principles that are inherent in human nature & that people can discover by using their natural intelligence
E.g. murder is wrong, parents are responsible for acts of their children

3. Natural Law
Many ancient civilizations believed that supernatural spirits and gods were directly responsible for everything in the universe, including human activity manipulated by “divine will”.
There is a “higher” law than that made by institutions.
If human (positive) law conflicts with higher (natural) law, human law should be ignored.

4. NATURAL LAW CONT…
There is a distinction between ideas and rules existing in nature and those created by humans
Supporters assume that it is human nature to be good, and that all people strive to be good and goodness is essential for our well being
Natural law is universal
Supporting Philosophers: Plato, Socrates, Aristotle, Cicero, St. Thomas Aquinas

5. Natural Law Philosophers
believe that law should reflect unchanging moral certainties.
believe that law should promote the “good.”
believe that law serves as a guide and a target to help citizens be better people and strive towards an ideal.
For example, laws against drug use are supported because drug use defeats the aim of being as fully human as is possible.
the idea of addiction and its subsequent dependence on a substance foreign to the body is a “bad” one.

6. Examples of Natural Law
Any ideas?

7. Parents should take care of their children
Brenda Lee Marquez Mccool
Mother who died in order to protect her son Isaiah Henderson
Was at a gay club in Orlando Flordia with her son on June 12th 2016
They were salsa dancing when a gunmen pointed a rifle at them
Immediately she ordered her son to get down on the ground so he wouldn’t get hurt

8. Crashcourse: Natural Law Theory

9. POSITIVE LAW
The written laws of a particular society at a particular point in time.
E.g. Canadian Constitution, published judicial
decisions.
Law is simply what the political authority or lawmakers commands
Law is coercive, or forceful, in order to preserve order
Obedience to the existing law is essential
No connection between law and morality
Supporting Philosophers: Hobbes, Bentham, Austin, Hart, St. Augustine

10. Positive Law Philosophers
believe that the law should reflect the beliefs and promote the interests of the majority of the population in a democratic model
Ideal- to avoid harm and protect those who cannot protect themselves.
they may believe that law cannot be any more than that, because the differing ideas of what is “wrong” preclude any certainty.

11. Examples of Positive Law
Ten Commandments

12. Your Turn! Compare/contrast? Pros and cons of Natural/Positive Law?
Examples in our society?

13. Modern Legal Theories
Legal Realism – examines law in a realistic rather than theoretical fashion – belief that law is determined by what actually happens in the courts as judges interpret/apply law
Different judges have different backgrounds, perspectives, and training – by that logic, their decisions could be different even though it’s the same case
These decisions become case law – will have an impact on future court decisions

14. Feminist Jurisprudence
Legal theory that law is an instrument of oppression by men against women
The legal system upholds political, economic and social inequality for women
The logic and language of the law create and reinforce male values
Feminists argue that the law, historically, treats women differently than men:
Women were not “persons” until 1929… Right to vote in 1918 (1940 in Quebec)… Men could file for divorce on grounds of adultery, but women could not (1925)
Is law still biased against women?

15. Your Turn!
Positive Law or Natural Law – Which are you and why? – How is modern law theory influenced by your choice (positive or natural)?
How does Canadian society in general react to views that challenge our normal way of thinking?

16. Analyzing Theorist Quotes
Work in pairs to discuss what each of the quotes listed on your hand out mean