Theories and Concepts of Law

Philosophical study of the nature of law, its meaning, and justification.

Universal moral principles inherent in nature, discoverable through reason.

Laws created by human authority, like governments, to regulate society.

Justice arises when all parts of society work harmoniously for the common good.

Justice occurs when all elements of an individual's being (physical, mental, spiritual) work in balance.

Laws should be based on knowledge of natural laws, promoting good and avoiding evil.

Law helps guide people towards moral behavior.

Aristotle believed there were different types of people who need the law to act morally.

Aquinas believed that people should live to unite with God and that the Church, not the state, holds ultimate authority over spiritual matters. Laws are just if they align with divine principles.

Hobbes believed the natural state of humans is a constant struggle for power, leading to war.

Locke believed people had natural rights that the government should protect, such as life, liberty, and property. If the government fails to do so, rebellion is justified.

Bentham believed laws should create the greatest happiness for the largest number of people.

Austin believed law is separate from morality and that obedience is enforced by government sanctions.

An approach to law that looks at how the law is actually applied rather than how it should be.

Just laws align with an established, moral or religious basis. They are usually fair, not arbitrary, and promote societal well-being.

The process of using the Canadian Charter of Rights and Freedoms to challenge and overturn existing laws that violate its provisions. Courts can declare laws unconstitutional and 'strike them down' (remove them).

Individuals can influence law through voting, activism, and challenging existing laws, although this can be a challenging process. However, the simple act of voting allows us to express our demands for change.

Collective action, such as forming lobby groups or engaging in political demonstrations, significantly increases the potential for influencing laws. Large numbers of people supporting a cause have more impact.

Organizations or groups of people who aim to influence legislators and policymakers on behalf of a specific cause or shared interest. They try to raise public awareness and advocate for their goals.

Special government-appointed boards of inquiry made up of experts and citizens to investigate and report on specific issues. They can address significant concerns or controversies in society.

The use of research and publications, such as scholarly journals and books, to gain legitimacy and support for a specific cause. This helps raise awareness and influence public opinion regarding legal concerns.

Legitimate expressions of public opinion and dissent guaranteed by the Canadian Charter of Rights and Freedoms (Freedom of Peaceful Assembly). This includes marches, rallies, and civil disobedience.

Judeo-Christian values and religious principles have shaped Canadian law, especially in morality and ethics. Some laws reflect the religious prohibition of certain actions.

Various historical influences, including ancient Greek, Roman, Aboriginal, British, and French societies, have contributed to shaping Canadian law. Each culture has provided unique legal concepts and systems.

Long-standing practices, customs, and unwritten rules can influence law. Customs represent established ways of doing things, while conventions are often political norms that are difficult to break.

The process of incorporating international treaty terms into the domestic laws of a country, making them legally binding within that country.

In countries with federal systems, provinces or states have authority over certain areas of lawmaking, which can complicate treaty implementation when the subject matter falls under provincial jurisdiction.

A clause within a treaty that outlines a method for resolving disputes that may arise between the parties involved in the treaty.

International organizations, like the UN, aim to maintain peace and cooperation, but require member states to give up some sovereignty.

The League of Nations' main goal was to prevent war through diplomacy and discussions, and to ensure international peace after World War I.

The League failed due to several factors, including lack of enforcement power, US non-participation, unwillingness to surrender sovereignty, and struggles with economic hardship.

The United Nations, similar to the League of Nations, aims to maintain peace and international security, promoting cooperation and development through various programs.

The five Permanent Members of the UN Security Council (US, UK, France, Russia, China) have 'Veto Power', allowing them to block any security-related resolution proposed by other members.

A source of international law based on long-standing practices and traditions widely accepted by states as binding. This includes laws of war, human rights, and diplomacy.

A fundamental principle of international law considered so important that it cannot be violated by any state. It's mandatory for all countries.

Diplomats and embassies are protected from arrest, detention, and intrusion by the host country. This ensures they can perform their duties freely.

A person fleeing persecution in their country can seek refuge in a foreign embassy. This creates a safe haven for the person.

The United Nations encourages all states to resolve their disagreements peacefully, without resorting to war.

While war is generally unacceptable under the UN charter, there are some exceptions, such as self-defense or action authorized by the UN Security Council.

A state can use force to defend itself against an armed attack or to prevent imminent threats.

The use of military force against a threat before it materializes. Highly controversial under international law.

Situations where actions that would normally violate international law are considered acceptable, often based on humanitarian or self-defense grounds.

A principle that states have a responsibility to protect their own citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. It also allows for international intervention if the state fails to do so.

Efforts to limit, control, and reduce weapons of mass destruction, particularly nuclear weapons, to prevent proliferation and potential conflicts.

Regions where nuclear weapons are not allowed to be based, tested, or deployed. This aims to reduce nuclear proliferation and promote regional peace.

An international treaty that aims to stop the spread of nuclear weapons, with the goal of eventually achieving complete disarmament.

The idea that countries with nuclear weapons will not attack each other because they fear the devastating consequences of retaliation.

Resources and areas beyond national boundaries that should be protected and managed for the benefit of all humanity, such as the high seas, outer space, and Antarctica.

Conflicts arising from conflicting claims over maritime boundaries and resources, particularly in coastal areas and the high seas.