Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptx
Lesson01 canadian law
1. Canadian Law: an Introduction
Week One: Lecture and notes to
supplement your textbook
2.
3. Goals of this lecture
•To d e s c r i b e w h y i t i s i m p o r t a n t t o s t u d y t h e
Canadian Legal System
•To r e v i e w t h e r o l e o f l a w a n d t h e t h e o r i e s
of law from Chapter One of the textbook
•To d e f i n e t h e i m p o r t a n t i d e a s a n d t e r m s i n
the Canadian legal system
•To d e s c r i b e t h e b r a n c h e s o f g o v e r n m e n t
4. Goals of this lecture
• Why study the Canadian Legal System?
• Review the role of law and the theories
of law
• Define important ideas and terms of the
Canadian legal system
• Describe the branches of government
8. • Because Canada is such a diverse nation
with peoples from many cultures, the law and
the rule of law is the glue that binds our
cultural mosaic together.
• Other countries have stronger uniform
cultures and the norms and folkways of their
countries guide their citizens.
• Canada has diverse cultures and we need
law for stability and guidance
10. What is law?
James (p.5) defines law as:
“a set of rules which are generally obeyed
and enforced within a politically organized
society”
• Imposed by the „sovereign‟
• Aim of the law is a better civilization
14. Positivism
• Validly enacted law (posited law by the
sovereign) should be followed
• Looks at the form and structure of the law,
not the moral or social content
• A positivist asks what the law is, not what
the law should be. The law is the law.
• Helps keep society stable, law is
predictable and consistently applied
16. Natural Legal Theory
• Naturalist believes in a higher system to
which mere positive law should conform
• Positive/ man made law must conform to
natural order or law
• Morality and the law must combine
• Tradition based on religious ideas and Greek
„objective morality‟
• The basis of civil rights
• Helpful in environmental law, changing times
18. Realism
• We must look beyond the law and take into
account „extra-legal‟ factors such as public
opinion, circumstances, changing times
• Law must be viewed in the context of
society
• Looks beyond the facts in evidence and
cold legal rules
20. Critical Legal Theories
Examples:
•Marxist theory is based on economic equality.
•Feminists believe the legal system is peopled
mostly by males and favors their interests.
•Critical legal theory is the idea that the law is
dysfunctional and limited. Challenges the very
basis of the legal system and process.
30. Consensus View
The view that our laws are made by
consensus. We democratically elect our
government who makes our laws for
the benefit of all. For the most part, the
public agrees with the law.
Eg. Murder.
32. Conflict View
The view that the rich and powerful in
society make the laws for their vested
interests and their benefits, to the
detriment of the poor and underclass.
Eg. Treat men of “white collar‟
