SOURCES AND CATEGORIES OF LAW

UNIT 1(Chapter 2)

Focus Questions…

Is it possible for something to be legal, yet immoral? Explain

Focus Questions…

When personal morality and the law collide on an issue, which should prevail? Why?

Focus Questions…

What do society’s laws tell us about that society?

Explain by giving examples.

The Code of Hammurabi(Babylonian Code of Law)

Answer all three of the following questions by referring to the Code of Hammurabi (on the next slide). Clearly indicate which laws you are discussing.– Choose the law you agree with most.

Explain why.– Choose the law you agree with least.

Explain why.– What do the laws from the Code of

Hammurabi reveal about morality and justice in Babylonian society?

Code of Hammurabi…

1. If anyone brings an accusation of any crime before the elders and does not prove what he has charged, he shall, if it be a capital offence charged, be put to death.

2. If a judge shall try a case, reach a decision, and present his judgement in writing, and if later, error shall appear in his decision and it be through his own fault, then he shall be publicly removed from the judge’s bench, and never again shall sit there to render judgement.

3. If anyone is committing robbery and is caught, then he shall be put to death. But if the robber is not caught then shall he who was robbed claim under oath the amount of his loss, then shall the community… compensate him for the goods stolen.

4. If anyone opens his ditches to water his crops, but is careless, and the water floods the fields of his neighbour, then he shall pay for the loss.

5. If a man takes his wife and she is seized by disease, and if he then desires to take a second wife, he shall not put away his [first] wife. But he shall keep her in the house and support her as long as she lives.

Sources of Canadian Law

Primary Sources:• Religion and Morality• Historical Influences• Customs and Conventions• Social and Political PhilosophySecondary Sources of Canadian

Law• The Constitution• Statute Law• Case Law

Primary Sources of Canadian LawReligion and Morality• Judeo-Christian influence (God)• Morality: Right vs. Wrong

behaviour(As determined by society)

http://www.youtube.com/watch?v=cpo1hC8t_5k

Primary Sources of Canadian LawHistorical Influences• Greeks (participation, jury)• Romans (written codes, lawyers)• Aboriginal (consensus,

constitution)• British (case law, rule of law)• French (civil code)

Primary Sources of Canadian LawCustoms and conventions• Laws are supported by established

ways that society has of doing things.

• These practices often find their way into the laws.

Primary Sources of Canadian LawSocial and Political Philosophy• These change over time and new

laws must address these changes.• Tied to changing societal values

Secondary Sources of Canadian Law

The Constitution• The supreme law of the land• Overrides statute law and case law

Secondary Sources of Canadian LawStatute Law• Made by Federal and Provincial

legislatures• Takes precedence over Case Law• Gives lawmaking power to

democratically elected representatives.

Secondary Sources of Canadian LawCase Law or Common Law• Evolves through decisions by judges• The highest court to make a

decision will set a “precedent” that all similar cases must follow.

• Case Law can be changed by new Statute Law, but both must defer to Constitutional Law.

Categories of Law

• Substantive and Procedural Law

• Domestic and International Law• Public and Private Law

Categories of Law

Substantive Law• Identifies the rights and

duties of a person or level of government

Categories of Law

Procedural Law• Outlines the methods or

procedures that must be followed in enforcing substantive laws

Categories of Law

Domestic Law• Applies within the

boundaries of a nation• Can be enforced by the

government and interpreted by domestic court authority

• In Canada, this process is carried out within the democratic process

Categories of Law

International Law• Consists of agreements

between nations, often through an international body such as the UN

• Difficult for all countries to agree on these laws

• Even more difficult for these laws to be enforced, due to political factors

Categories of Law

Public Law• Refers to those laws

which apply to dealings between individuals and the state

Categories of Law

Private Law• Refers to those laws that

apply to dealings between private individuals or organizations

•Figure 2.8 Categories of Law, p. 45

–Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law.

Private Law• Aka. Civil lawCivil law, it is law governing the

relationships between private individuals and between individuals and organizations. Its main purpose is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others. It includes…..

• Tort LawTort Law – the branch of Civil Law that holds persons or organizations responsible for damage they cause another person as a result of accidental or deliberate action.

• Contact LawContact Law – provides rules regarding agreements between people and business.

• Family LawFamily Law – deals with aspects of family life. (marriage, divorce, child custody)

• Other examples include estate law, property estate law, property law and employment law.law and employment law.