Introduction to Law and Its Functions

What is Law?

• Law is a set of codified guidelines, reflecting shared values and beliefs.
• It's enforced by institutions and aims to protect societal rights.
• Codified laws are explicit, written rules.
• Defining "law" precisely is difficult, as interpretations vary.
• Law is often viewed as predicting court decisions, given the discretionary nature of judgment.
• Our working definition of law includes explicit rules, enforced sanctions, and authorized personnel for creating, interpreting, and enforcing these rules.
• Law distinguishes itself from customs and conventions by being formalized, written, and enforceable.
• Enforcement of laws involves a structured system of application and upholding, like in Canada.

What Does Law Do?

• Law's key functions (Hoebel's Law Jobs): Social control, allocation of authority, dispute settlement, and social change.

• Social Control: Defines boundaries, sets expectations, helps predict behavior, and influences relationships between individuals and the state.

• Allocating Authority: Enforcement requires authorized individuals or institutions, both formal and informal. Power can exist outside of formal legal structures.

• Dispute Settlement: Resolves issues legally or non-legally, by considering facts and rights, through mediation or even violence. Legal solutions may not always resolve underlying conflicts.

• Social Change: Adapts to changing values and societal needs, protecting societal values, responding to social issues, and evolving with time through law.

How Have Legal Systems Changed Over Time?

• Legal Systems evolve, with differing typologies (ideal types for understanding situations):

• Primitive/Traditional: Small, homogeneous communities relying on social pressure and customs.

• Transitional: Expanding communities formalize rules to maintain order in larger, diverse environments.

• Modern: Large, diverse populations depend on professionalized, written laws and specialized roles in enforcement and interpretation.

Different Sources/Origins of Law

• Indigenous Law: Pre-colonial legal systems rooted in cosmology, emphasizing responsibilities, oral traditions, and holistic views of the environment. Example: Anishinabek Law.

• Common Law System (Used in most of Canada, originating in the UK):Based on judicial decisions created over time from cases, with precedent-based rulings (Inductive Reasoning, Binding Precedents.)

• Civil Law System (Used in Quebec, originating in Roman/Napoleonic Law Systems): Based on written codes (Deductive Reasoning, Binding written codes.)