Legal Foundations Unit 1 Review

Study Notes

Rules: Behavioral guidelines that prepare individuals for real-world scenarios.
Laws: Rules established by the government, enforceable by police and courts.

Similarities:
- Both teach right from wrong.
- Both apply to everyone within their respective contexts.
Differences:
- Laws are enforced by the police and the judicial system, while rules are enforced by parents or teachers.
- Laws must be voted on and accepted, whereas rules may vary and do not necessarily involve formal acceptance.

Example: Looking both ways before crossing the street.
- Taught by parents as a safety guideline
- Formalized as a traffic law to promote safety and prevent accidents.

Natural Law:
- Comprises universal moral and ethical principles inherently understood by humans.
- Example: The belief that murder is inherently wrong.
Positive Law:
- Suggests society must create laws to maintain order, independent of morality.
- Emphasizes that laws must be followed simply because they are laws established by the government.

Understanding law incorporates both ethical principles (natural law) and practical frameworks (positive law) for societal order and justice.

Utilitarianism:
- Advocates for actions that produce the greatest good for the majority.
- Focuses on maximizing collective happiness and pleasure.
- Quantity of pleasure is prioritized over the nature of pleasures.
Libertarianism:
- Emphasizes the importance of individual rights over collective rights.
- Suggests certain pleasures are qualitatively superior and should be prioritized.
- Rules should be established to lead to the best outcomes for society.

Utilitarian View: Supports tax laws for redistributive purposes, arguing they reduce inequality and enhance overall happiness.
Libertarian View: Would analyze how the law aligns with general rules promoting the greatest good and if it respects individual rights.

Legal Formalism: Involves strict adherence to established rules; judges interpret the law without external influence.
Legal Realism: Suggests laws can be interpreted and shaped by judges, making them influential in case outcomes.
Canadian Approach: Canada leans towards legal realism, allowing judges to consider broader contexts in their rulings.