CML2117 Introduction To Law 2008, Lecture 2
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  • 1. Topics
  • 2. Legal System & Legal Philosophy
  • 3. Law is...
  • 4. Law is...
  • 5. Rules
  • 6. Acts intended to alarm Her Majesty or break public peace 49. Every one who wilfully, in the presence of Her Majesty, (a) does an act with intent to alarm Her Majesty or to break the public peace, or (b) does an act that is intended or is likely to cause bodily harm to Her Majesty, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 49.
  • 7. Reality
  • 8. Rules → Reality Reality → Rules
  • 9. “Up to 35% of all PC software installed in 2004 was pirated.” BSA study
  • 10. Industry Politics Perceived reality Reality Rules World events Market forces
  • 11. Industry Politics Perceived reality Reality Rules World events Market forces
  • 12. Industry Politics o Perceived reality o Reality Ruleso o o o o o World events Market forces
  • 13. Which rules?
  • 14. Rules + Regularity + State + Prescribed by Humans Law Philip S. James, 1969
  • 15. Problems: prescribed by humans? always imposed? authority of the state?
  • 16. Jurisprudence
  • 17. juris + prudentia
  • 18. Legal Positivism
  • 19. Natural Law
  • 20. Natural Law Common Law System
  • 21. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. United States Declaration of Independence, 1776
  • 22. R. v. Latimer, [2001] 1 S.C.R. 3, 2001 SCC 1.
  • 23. MacMillan Bloedel v. Simpson (1994), 88 C.C.C. (3d) 148, 92 B.C.L.R. (2d) 1, [1994] 7 W.W.R. 259 (C.A.).
  • 24. Historical Jurisprudence
  • 25. Sumner Savigny Fuller
  • 26. Law is Blind
  • 27. Law is Blind
  • 28. Legal Realism
  • 29. Critical Analysis
  • 30. For next class: readings Lon Fuller, “The Case of the Speluncean Explorers”, Harvard Law Review, (1949) 62 (4): 616–645 To find it, Google “speluncean”