Topics
Legal System
       &
Legal Philosophy
Law is...
Law is...
Rules
Acts intended to alarm Her Majesty or break public peace

49. Every one who wilfully, in the presence of Her Majesty,

(a)...
Reality
Rules → Reality

Reality → Rules
“Up to 35% of all PC software
installed in 2004 was pirated.”
                           BSA study
Industry
Politics
                               Perceived reality

Reality         Rules
                              Wo...
Industry
Politics
                               Perceived reality

Reality         Rules
                              Wo...
Industry
Politics                 o
                                      Perceived reality




                          ...
Which rules?
Rules
+ Regularity
+ State
+ Prescribed by Humans
  Law
          Philip S. James, 1969
Problems:
 prescribed by humans?
 always imposed?
 authority of the state?
Jurisprudence
juris + prudentia
Legal Positivism
Natural Law
Natural Law


Common Law System
We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certa...
R. v. Latimer, [2001] 1 S.C.R. 3, 2001 SCC 1.
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.).
Historical Jurisprudence
Sumner

Savigny

Fuller
Law is Blind
Law is Blind
Legal Realism
Critical Analysis
For next class:

readings
Lon Fuller, “The Case of the Speluncean
Explorers”, Harvard Law Review, (1949) 62
(4): 616–645
 ...
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
CML2117 Introduction To Law 2008, Lecture 2
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CML2117 Introduction To Law 2008, Lecture 2

  1. 1. Topics
  2. 2. Legal System & Legal Philosophy
  3. 3. Law is...
  4. 4. Law is...
  5. 5. Rules
  6. 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. 7. Reality
  8. 8. Rules → Reality Reality → Rules
  9. 9. “Up to 35% of all PC software installed in 2004 was pirated.” BSA study
  10. 10. Industry Politics Perceived reality Reality Rules World events Market forces
  11. 11. Industry Politics Perceived reality Reality Rules World events Market forces
  12. 12. Industry Politics o Perceived reality o Reality Ruleso o o o o o World events Market forces
  13. 13. Which rules?
  14. 14. Rules + Regularity + State + Prescribed by Humans Law Philip S. James, 1969
  15. 15. Problems: prescribed by humans? always imposed? authority of the state?
  16. 16. Jurisprudence
  17. 17. juris + prudentia
  18. 18. Legal Positivism
  19. 19. Natural Law
  20. 20. Natural Law Common Law System
  21. 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. 22. R. v. Latimer, [2001] 1 S.C.R. 3, 2001 SCC 1.
  23. 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. 24. Historical Jurisprudence
  25. 25. Sumner Savigny Fuller
  26. 26. Law is Blind
  27. 27. Law is Blind
  28. 28. Legal Realism
  29. 29. Critical Analysis
  30. 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”

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