1. CHANGES TO THE LAW CHAPTER 1
UNIT 1 HERITAGE
CHANGES TO THE LAW
CHAPTER 1

2. WHAT IS LAW? Law is order, and good law is good order.
In the state of nature...all men are born equal,
but they cannot continue in this equality. Society
makes them lose it, and they recover it only by the
protection of the law.
Charles de Montesquieu, French lawyer & philosopher ( )
Law is order, and good law is good order.
Aristotle , Greek critic, philosopher, physicist, & zoologist (384 BC BC) .

3. Purpose of LAW?
Laws are partly formed for the sake of good men, in order to instruct them how they may live on friendly terms with one another, and partly for the sake of those who refuse to be instructed, whose spirit cannot be subdued, or softened, or hindered from plunging into evil.
Plato Greek author & philosopher in Athens (427 BC BC)
Even when laws have been written down, they ought not always to remain unaltered.
Aristotle, Politics Greek critic, philosopher, physicist, & zoologist (384 BC BC)

4. Law is compared to an iceberg 1/3 visible the third that is
visible are the written laws or statutes enacted by government
and the rules of law laid down by courts.
the laws that we deal with daily, theft etc. we recognize because
it is a crime we know about
the other 2/3 of the law involves the way our laws change,
develop as a result of economic, social or political factors, how
and why they are different from another countries' laws
The laws themselves are not entirely interesting, but the
background of each law is what gives you understanding of
the law.

5. JURISPRUDENCE
the knowledge of things divine and human, the knowledge of
the just and the unjust, or the PHILOSOPHY AND SCIENCE OF THE LAW
jurisprudence enables the exploration of the nature of the origin
of laws and legal institutions and clarified the principles upon
which they were founded.
Law as a study of jurisprudence may be interpreted as an
interlocking set of beliefs and ideals that have evolved over
time to control our behaviour and protect our interests.

6. THE MATRIX OF JURISPRUDENCE
INSTITUTIONS
Courts
THEORIES
Natural Law
Positive Law
Divine rights
Social Contract
CONCEPTS
PHILOSOPHY
PRINCIPLES
Socrates
Plato
Cicero
Hobbes
Innocent
until proven
guilty
No person
is above
the law
Rule of
law
Democracy
Rights
Power
Jury
Parliament
Historical
Development
COMPARITIVE LAW
Mosaic Law
Justinian’s Law
Napoleonic Code
Common Law
Civil Law
Criminal Law

7. CHANGES TO THE LAW Factors Driving Changes in Law: Demographic Changes
Technological Changes
Changes in Values
National Emergencies

8. The possibility of Change
In order for democratic legal change to take
place the following conditions are necessary.
The country as a whole must respect what legal
scholars call the “rule of law.”
There should be a democratic system of
Government
The justice system must be independent of the
other branches of government.

9. THE RULE OF LAW There are three important parts:
The rule of law was first formulated in the Magna Carta : 1215
There are three important parts:
General recognition that law is necessary in an orderly society.
The law applies equally to everyone, including the highest officials in the country;
That a person’s legal rights will not be taken away except in accordance with the law.

10. AN INDEPENDENT JUSTICE SYSTEM
If we the people are to respect the law, the judges in our country must be independent of the other branches of government.
Judges cannot be intimidated by threat of losing their position or of being jailed.
The independence of the judiciary is helped by its hierarchical or pyramidal structure.

11. Ontario Court of Appeal
Supreme Court of Canada
Federal Court
Of Canada
Ontario Court of Appeal
Appeal Division
Ontario Court of
Justice
Court of Ontario
Trial Division
Divisional
Court
Superior Court of Justice
Unified Family
Court
Small Claims Court

12. This structure allows for a structure of appeals
This structure allows for a structure of appeals. The losing party in the case at a lower level has the right to appeal a lower courts decision.
If higher court accepts the appeal they can give their own decision.
This decision can also be appealed, and the process can continue to the highest court of the land.
In theory this means that the most appropriate decision is reached.
These decisions can bring about change to both Case Law and Statute Law

13. HOW LAWS ARE CHANGED
Change as a result of Individual action
Best known individual in the 20th Century is Nelson
Mandela.
Challenging Laws in Court
Laws are challenged in court based on their
constitutionality. For example, Assisted Suicide,
Gay Marriage and Prisoners Right to vote.
Change as a result of collective action
For example, Lobby Groups, Royal Commissions, Scholarly articles, Political Demonstrations