CLU 4U1. CANADIAN AND
INTEERNATIONAL LAW
Introduction To Unit 1: Heritage - answer-Society is fascinated with the law.
-The law is visible everywhere from newspapers, movies, books to the internet.
-We know people who have appeared as witnesses at a trial, served on a jury, or been
victims or perpetrators of a crime.
Why is it important to understand a country's legal system? - answer-Studying a nation's
legal system is very much like studying its language.
-Laws tell us a great deal about a nation's past and reveal current values and beliefs.
-It reveals society's view of what is right and wrong and how conflicts are resolved.
-Law is not something static and unchangeable, but a dynamic process that renews
itself in response to society's evolving needs.
Can you think of any laws currently being reviewed, contested, or revised? - answer
Prostitution, use of marijuana
Rule vs. Law - answer Rule: guidelines necessary to run meetings, to encourage open
and honest debate, and to reach agreements that apply only to the participants or
members of a game or organization.
Law: a set of rules of conduct, established by the government for all members of society
to accept, obey and abide by at all times with an understanding that lawbreakers will be
punished.
FUNCTIONS OF LAW - answer1. Establishes Rules of Conduct
laws are needed to minimize or reduce possible conflicts among people who live in
close proximity to each other
Ex. Highway Traffic Act: driving age, seat belts, speed limits
2. Protects Rights and Freedoms
the police and our court system enforce the laws to ensure public safety
criminal law outlines prohibited actions and appropriate penalties
constitutional law ensures individual rights remain protected
3. Provides Order and Protection for Society
laws are needed to protect you and others from people who may take advantage of you
Ex. Contract law
Ex. Labour law: minimum wage, safe working conditions
4. Provides the Basis for Settling Disputes or Disagreements
laws help resolve disputes peacefully through discussion and negotiation or through the
court system
5. Sets Up the Structure of Government and the Process of Making Laws
, a country's constitution provides the framework and guiding principles of its legal system
this ensures that laws are created fairly, with due diligence, and by the appropriate
levels of government
Philosophy - answer-the process of critical inquiry into the concepts of a particular
branch of knowledge the Greeks first introduced the study of wisdom and knowledge
-Socrates used the process of question and answer to achieve knowledge
Jurisprudence - answer-the science OR philosophy of law that deals with applying legal
doctrine and investigating the concepts, notions and principles of legal thought.
-jurisprudence uses methods like Socrates' to provide us with a greater understanding
of the origins an purposes of law within society
Key Points on Jurisprudence - answer-originally a latin term meaning "knowledge or skill
in the law"
-the study of jurisprudence provides a way of thinking about the quality and purpose of
law and makes us consider whether the law is arbitrary, coherent, just, a tool of the
powerful, or the servant of the common good
Jurisprudence is practised for the following reasons: - answer1. to understand current
laws
one can examine the current system with a sense of justice which emerges from our
sense of reason and meaning
2. to understand our legal heritage
one can approach the study of law by looking at a particular branch of knowledge that is
historically based or through philosophers
EX. The Socratic Method - REASON
therefore, 'how' to think about the law
3. to predict future legal thinking
one can apply current knowledge or information to predict future or direction
a 'science' has emerged to direct the reasoning of judges which evolves and changes
with time.....consider a science weathervane analogy
consider judicial lawmaking as a result of the SCC on issues such as euthanasia (R v
Rodriguez) and abortion (R v Morgentaler)......both cases dealt with the sanctity of life
and the right to control one's own body, but two different outcomes or precedents
occurred.
Discuss Carter v Canada, 2012 (Lee Carter, Hollis Johnson, Dr. William Shoichet, The
British Columbia Civil Liberties Association and Gloria Taylor)
Sovereignty: - answerSystem authority figure
Democracy: - answer-in the govern system
- they have power
-Voting, rights
-elected by the citizen
INTEERNATIONAL LAW
Introduction To Unit 1: Heritage - answer-Society is fascinated with the law.
-The law is visible everywhere from newspapers, movies, books to the internet.
-We know people who have appeared as witnesses at a trial, served on a jury, or been
victims or perpetrators of a crime.
Why is it important to understand a country's legal system? - answer-Studying a nation's
legal system is very much like studying its language.
-Laws tell us a great deal about a nation's past and reveal current values and beliefs.
-It reveals society's view of what is right and wrong and how conflicts are resolved.
-Law is not something static and unchangeable, but a dynamic process that renews
itself in response to society's evolving needs.
Can you think of any laws currently being reviewed, contested, or revised? - answer
Prostitution, use of marijuana
Rule vs. Law - answer Rule: guidelines necessary to run meetings, to encourage open
and honest debate, and to reach agreements that apply only to the participants or
members of a game or organization.
Law: a set of rules of conduct, established by the government for all members of society
to accept, obey and abide by at all times with an understanding that lawbreakers will be
punished.
FUNCTIONS OF LAW - answer1. Establishes Rules of Conduct
laws are needed to minimize or reduce possible conflicts among people who live in
close proximity to each other
Ex. Highway Traffic Act: driving age, seat belts, speed limits
2. Protects Rights and Freedoms
the police and our court system enforce the laws to ensure public safety
criminal law outlines prohibited actions and appropriate penalties
constitutional law ensures individual rights remain protected
3. Provides Order and Protection for Society
laws are needed to protect you and others from people who may take advantage of you
Ex. Contract law
Ex. Labour law: minimum wage, safe working conditions
4. Provides the Basis for Settling Disputes or Disagreements
laws help resolve disputes peacefully through discussion and negotiation or through the
court system
5. Sets Up the Structure of Government and the Process of Making Laws
, a country's constitution provides the framework and guiding principles of its legal system
this ensures that laws are created fairly, with due diligence, and by the appropriate
levels of government
Philosophy - answer-the process of critical inquiry into the concepts of a particular
branch of knowledge the Greeks first introduced the study of wisdom and knowledge
-Socrates used the process of question and answer to achieve knowledge
Jurisprudence - answer-the science OR philosophy of law that deals with applying legal
doctrine and investigating the concepts, notions and principles of legal thought.
-jurisprudence uses methods like Socrates' to provide us with a greater understanding
of the origins an purposes of law within society
Key Points on Jurisprudence - answer-originally a latin term meaning "knowledge or skill
in the law"
-the study of jurisprudence provides a way of thinking about the quality and purpose of
law and makes us consider whether the law is arbitrary, coherent, just, a tool of the
powerful, or the servant of the common good
Jurisprudence is practised for the following reasons: - answer1. to understand current
laws
one can examine the current system with a sense of justice which emerges from our
sense of reason and meaning
2. to understand our legal heritage
one can approach the study of law by looking at a particular branch of knowledge that is
historically based or through philosophers
EX. The Socratic Method - REASON
therefore, 'how' to think about the law
3. to predict future legal thinking
one can apply current knowledge or information to predict future or direction
a 'science' has emerged to direct the reasoning of judges which evolves and changes
with time.....consider a science weathervane analogy
consider judicial lawmaking as a result of the SCC on issues such as euthanasia (R v
Rodriguez) and abortion (R v Morgentaler)......both cases dealt with the sanctity of life
and the right to control one's own body, but two different outcomes or precedents
occurred.
Discuss Carter v Canada, 2012 (Lee Carter, Hollis Johnson, Dr. William Shoichet, The
British Columbia Civil Liberties Association and Gloria Taylor)
Sovereignty: - answerSystem authority figure
Democracy: - answer-in the govern system
- they have power
-Voting, rights
-elected by the citizen
