Introduction to Law Concepts

What is the Law?

• Law provides rules of conduct, protecting everyone's rights and balancing individual rights with societal obligations.
• Key principles of a legal system include equal treatment, impartiality, and respect for all individuals, regardless of power or wealth.

Key Foundations and Principles

• People should be treated equally under the law.
• Law should remain unbiased, free of influence.
• Courts must function fairly and without bias.
• Parties should be treated with respect.

Legal Reform

• Demographic shifts (birth rates, immigration, education, and employment)
• Technological advancements affect laws and require adjusting.
• Changes in social values necessitate legal alterations.
• National emergencies sometimes lead to temporary laws that may not be permanent.

Change In Values

• Societal values evolve over time, and laws must adapt.
• Examples include the changing views on marijuana, alcohol sales, and public smoking, reflecting societal change.

National Emergencies

• Laws have been passed in response to various national emergencies.
• Some such laws were meant to be temporary but are not appealed.

Rule of Law

• Individuals must recognize law's importance in regulating society.
• Law applies equally to everyone, even those in power.

Democratic System of Government

• Peaceful legal change is easier in a democratic system.
• These systems often have constitutions.

Independent Justice System

• Judges should function independently from other governmental branches, ensuring impartiality to be fair and impartial.
• This independent judicial system helps maintain a transparent and structured court process.

Individual Action

• Historical records showcase efforts by individuals to challenge unjust laws.

Challenges in Court

• Canadian Charter of Rights and Freedoms (CCRF) is frequently used to challenge the constitutionality of laws.

Sources of Canadian Law

• Primary sources include written laws (statutes, acts, legislation).

Historical Influences

• Canadian law is rooted in the Judeo-Christian tradition.
• Ten Commandments are found in Canadian criminal code.
• British and French legal traditions have influenced Canadian laws.
• Greek concepts of citizenship, juries, and democratic ideals have shaped legal thought.

Roman Influences

• Roman laws have impacted present-day legal systems.

British Influences

• Britain has greatly shaped Canada's legal system.
• Principles like trial by jury and presumption of innocence were inherited from British legal traditions.

Customs and Conventions

• Long-standing practices acquire the force of law over time.
• Examples include established practices or political traditions becoming unwritten rules.

Influence of Social and Political Philosophy

• Public reactions shape laws; e.g., public reaction to the Holocaust led to the Canadian Human Rights Act.
• Events like the Great Depression led to laws focusing on social security, employment insurance, and worker compensation.

Constitutional Law

• Defines the distribution of government powers.
• Outlines fundamental legal principles.
• The Canadian Constitution is based upon UK traditions and values.

Principle - Judicial Independence

• Judges operate independently of the government.

Principle - Parliamentary Supremacy

• Individuals choose leaders who make laws reflecting their will.

Statutory Interpretation

• Judges interpret laws through decisions in court cases.
• Mischief Rule helps to determine the intent of the law.
• Internal aids like a preamble provide a sense to a law.
• External aids include dictionaries and legal articles.

Case Law

• Court rulings form a substantial body of Case Law in law.
• Stare decisis means that precedents established in earlier cases are often considered when ruling in similar cases.

Categories of Laws

• Domestic Law (national law)
• International law
• Substantive Law (defines actions)
• Procedural law (steps involved in law)
• Public Law (relationship between state and citizens)
• Private Law (relationships between individuals)
• Public Law includes constitutional law, administrative law, criminal law, family law, wills and estates, property law, employment law, tort and contract law.

Tort Law

• Deals with damages caused by wrongful conduct (e.g., accidents, property damage).

Family Law

• Deals with family-related issues (marriages, divorces, child custody).

Contract Law

• Deals with legally binding agreements between parties.

Employment Law

• Deals with employment contracts, discrimination, and workplace issues.

Property Law

• Deals with ownership of land, assets, and possessions.

Estate Law

• Deals with issues arising upon death, including wills and the division of assets .

Theories of Law

• Jurists provide diverse perspectives on the concept of law.

Laws Versus Justice

• Justice and law are distinct concepts despite their interrelation.
• Laws can be just or unjust depending on circumstances and whether they reflect fairness, or societal values

Ancient and Medieval Theories of Law

• Natural Law: Based on divine law, representing inherent moral truths that apply universally.
• Positive Law: Laws created by human authority, subject to change.

Socrates

• Emphasized self-knowledge and living an examined life as crucial for leading a just life.

Plato

• Emphasized justice at both personal and societal levels, considering it an essential and basic principle of human existence.
• Plato believed that rational thought defines justice, hence the rational human being.

Aristotle

• Argued that individuals live and function better as members of a community or society.
• This social component is intrinsic to human nature.
• Aristotle believed laws could maintain order, stability, and justice in society.

Legal Positivism/Positive Law

• Laws are created by the government or authority, regardless of moral standards.
• Laws need not be moral to be legitimate.
• Focuses on the structure and function of laws, not on any inherent moral value.
• Views the purpose of laws as promoting social order and stability.

John Locke

• Natural law philosophers proposed rights like life, liberty, and possessions.
• Humans have fundamental rights inherent to their existence.

Jeremy Bentham

• A practical approach to law, focusing on whether it promotes human happiness.

John Austin

• Laws are commands from a sovereign power.

HLA Hart

• Law is a system of rules, both primary (defining actions) and secondary (rules of change and adjudication).

Ronald Dworkin

• Law needs a moral dimension, suggesting that ethical considerations play a decisive role in cases that present difficulties.

Legal Realism

• Law is the outcome of judges' decisions and interpretations.
• Legal outcomes are influenced by judges' personal beliefs and biases.

Marxism

• Law is a tool used by the ruling class to maintain power and control over society and the working class.
• Law's role is to protect the ruling class's interests.

Feminist Jurisprudence

• Laws have treated women differently than men.
• Examining law through a gendered lens, assessing how laws impact women and men differently.

Concept of Procedural Justice

• Procedures must be unbiased and follow specific legal guidelines for fairness.

Canada and Human Rights

• Canadian Charter of Rights & Freedoms protects fundamental rights.
• Relevant legislation and institutions (e.g., human rights commissions) defend fundamental rights.

Constitutional Amendments

• Processes for changing the Canadian constitution.
• Different types of requirements for constitutional amendment.
• Constitutional amendments need the support of the federal parliament and most provinces, in certain situations.

Court Rulings

• Importance of court rulings in interpreting the Canadian constitution.

Application of the Charter

• Entities to which the charter applies (government actors)
• Charter applies to laws.
• Limits to application of rights.

Limitations

• Rights are not absolute, but limited.
• If a court deems a law or government action unlawful, it can be nullified or changed to comply with the charter.

Federal and Provincial Human Rights Legislation

• The Canadian Human Rights Act covers federal jurisdictions.
• Provincial legislation protects rights on a provincial level.
• Human rights commissions are responsible for investigating and addressing complaints.

Employment Equity

• Employment equity policies are designed to address historical biases.
• Goal is to create equal employment opportunities.
• Different types of employment equity program in Canada (federal programs and provincial programs).

Test your knowledge on key concepts of law, including tort law, public law, and employment law. This quiz explores the fundamental principles and classifications within the legal framework, focusing on the division of powers and philosophy related to jurists.