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What is law? CLU 3MR Lesson 2.

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1 What is law? CLU 3MR Lesson 2

2 What is law? In the News: Minds On: Warm up questions. Action:
What is Law note and discussion Roncarelli v Duplessis case Law & Morality; Law & Justice d) R V Dudley & Stevens

3 Answer with your neighbour…
Do laws improve our lives or make them harder? Why do people usually obey the law, even when no one is watching? Why is it acceptable for the government to punish people but not for the average person to do so? Why doesn’t the Prime Minister automatically turn into a dictator when in power? How do “the people” govern, in Canada?

4 Why do we need laws? To prevent anarchy & chaos
To bring peace and order to society To protect members in society To ensure justice is served Rule of Law: the principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary power

5 What do laws do? They protect society
They provide a way to solve problems

6 What are laws based on? Laws reflect the values, morals, and beliefs of society Values: things which people feel are important (life, freedom of speech, religion) Morals: conformity to accepted codes of behaviour Beliefs: how people think (views on issues like capital punichsment, abortion, education)

7 Right and Obligations Under the law you are entitled to certain rights
With these rights come undeniable obligations When you are 18 you are given the right to vote You have the obligation to learn about the issues at stake When you are 19 you are given the right to drink alcohol With that comes the obligation to drink responsibly and not injure someone through your careless actions

8 What makes laws effective?
Fair Organized Reported Published and accessible Enforced and administered

9 Roncarelli v Duplessis [1959] SCR 121
Proof that we need strong laws to protect everyone Reinforcing the Rule of Law

10 Law and Morality Some laws reflect the moral values of society
Can be controversial In a multicultural, democratic system, tensions may exist between standards of right and wrong Sometimes governments make laws that are beyond some communities

11 Examples: Death penalty (capital punishment) Doctor assisted death Abortion Same-sex marriage Control of tobacco, alcohol, marijuana Physical punishment of students Prostitution legislation Drunk driving

12 Law and Justice Justice fair behaviour or treatment
Inequality wasn’t always considered ‘unjust’ Today we consider equality the heart of justice Is there any time when equality isn’t necessarily ‘just’? R v Dudley and Stevens (1884), 14 QBD 273

13 Concept of Justice What do you think the blindfold, the sword, and the scales stand for?

14 Blindfold: represents objectivity
Scales: represent the weighing of evidence Sword: faces downward and represents punishment

15 Concept of Justice We should treat all cases alike and different cases differently We consider a law unjust if it discriminates on the basis of irrelevant characteristics Justice should be impartial; without regard to a person’s position or wealth. Law should be just by conforming to society’s values and beliefs.

16 All Canadians are supposed to be treated equally under the law
All Canadians are supposed to be treated equally under the law. Make a list of situations in which equal treatment might not be just treatment. For each situation, explain your rationale.

17 Task: Read pages 8-11 Answer ‘Review Your Understanding’ questions 3-5 on page 9 Answer ‘Review Your Understanding’ questions 1-5 on page 12


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