Introduction To Law (Unit 1 Intro)
Published on Sep 12, 2017
This set of notes provides an understanding of the difference between rules and laws and why they are needed. It also explores what is meant by "Justice" a term which can be challening to define.
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PRESENTATION OUTLINE
Rules Versus Laws
- What are some examples of Rules?
- What are some examples of Laws?
Examples of Rules:
Complete your homework on time.
Wash the dishes after dinner.
Don't touch the ball with your hands when playing soccer.
Be at home before 11:00 pm.
Examples of Laws:
You must wear your seatbelt when traveling in a car.
You cannot sell alcohol or cigarettes to minors.
You can't vote until you are 18 years old.
Safety announcements must be made prior to a plane's departure.
Complete your homework on time.
Wash the dishes after dinner.
Don't touch the ball with your hands when playing soccer.
Be at home before 11:00 pm.
Examples of Laws:
You must wear your seatbelt when traveling in a car.
You cannot sell alcohol or cigarettes to minors.
You can't vote until you are 18 years old.
Safety announcements must be made prior to a plane's departure.
Photo by mick62
Differences Between Rules and Laws
- Courts enforce Laws.
- You cannot change laws on your own.
- You can opt out of rules.
- There are penalities if you break the law.
Courts:
Disputes with the law are heard in a public venue called a court. Rules, however, are enforced by the party that creates them.
Changing Laws:
In Canada changing, making or repealing laws requires majority support of elected representatives that represent the population. The procedure for changing rules is generally a much less arduous process.
Opting out of rules:
If you don't like the rules you can go somewhere else where the rule doesn't exist. Opting out of laws is much more challenging. It would require you to potentially leave the province or the country.
Example:
You don't like wearing a school uniform. Select a school that doesn't require you to wear one.
Penalties:
For rules, there might not be consequences or the consequences might be inconsistently applied.
Example:
If you don't complete your homework in Math or English, how you are dealt with by each of the teachers might be very different.
Disputes with the law are heard in a public venue called a court. Rules, however, are enforced by the party that creates them.
Changing Laws:
In Canada changing, making or repealing laws requires majority support of elected representatives that represent the population. The procedure for changing rules is generally a much less arduous process.
Opting out of rules:
If you don't like the rules you can go somewhere else where the rule doesn't exist. Opting out of laws is much more challenging. It would require you to potentially leave the province or the country.
Example:
You don't like wearing a school uniform. Select a school that doesn't require you to wear one.
Penalties:
For rules, there might not be consequences or the consequences might be inconsistently applied.
Example:
If you don't complete your homework in Math or English, how you are dealt with by each of the teachers might be very different.
Photo by Dean Hochman
Why We Need Laws (Part I)
- Provides a certain amount of predictability in regards to how people will behave.
- Canadian law is aimed at protecting the rights of individual citizens.
Predictability:
Disputes are handled in a civil fashion. If two people claim ownership over the same piece of property they will not decide it based on a duel.
The law helps creates a systematic response to guide/direct challenging circumstances
Example:
If you are involved in a car accident it is quite likely you will exchange driver's licence information and insurance details.
Protecting the Rights of Individuals:
The law stands above everyone, including people in positions of power and influence. This ensures that this power to impact others' lives is not wielded without justification and is applied equally to all.
Disputes are handled in a civil fashion. If two people claim ownership over the same piece of property they will not decide it based on a duel.
The law helps creates a systematic response to guide/direct challenging circumstances
Example:
If you are involved in a car accident it is quite likely you will exchange driver's licence information and insurance details.
Protecting the Rights of Individuals:
The law stands above everyone, including people in positions of power and influence. This ensures that this power to impact others' lives is not wielded without justification and is applied equally to all.
Photo by blavandmaster
Why We Need Laws (Part II)
- Some laws serve a practical purpose.
- Laws sometimes try to reflect the moral principles of the majority of society.
Practical Purpose:
There is no good reason when driving a car why we do it either on the left or right side of the road. It is apparent that we all need to pick the same side in order to prevent traffic accidents, however.
Other practical laws:
When taxes are due. How passports are distributed and the format they come in. Laws directing how the government will function and carry out their business.
Law and morality:
Controversy often results when support for a law is divided and a law is passed.
Examples:
Removing capital punishment
decriminalizing Abortion
decriminalizing Marijuana
Should parents be able to physically discipline their children?
There is no good reason when driving a car why we do it either on the left or right side of the road. It is apparent that we all need to pick the same side in order to prevent traffic accidents, however.
Other practical laws:
When taxes are due. How passports are distributed and the format they come in. Laws directing how the government will function and carry out their business.
Law and morality:
Controversy often results when support for a law is divided and a law is passed.
Examples:
Removing capital punishment
decriminalizing Abortion
decriminalizing Marijuana
Should parents be able to physically discipline their children?
Photo by @Doug88888
Rule of Law
- Recognize law is necessary to govern society.
- Law applies equally to everyone.
- No one in society has the authority to exercise unrestricted power to remove the rights of others, except in accordance with the law.
Rule of/by law is distinguished from the rule of/by man.
Rule of/by man
This is where, for example, in a monarchy, a tyrannical or theocratic form of government, governance, and rules of conduct are set and altered at the discretion of a single person, or a select group of persons.
Rule of/by law
In a political system which adheres to the supremacy of the rule of law, the law always overrides and holds power over the acts of the government and its people.
Reference:
Rule of Law Definition. (n.d.). Retrieved from http://www.duhaime.org/LegalDictionary/R/RuleofLaw.aspx
Rule of/by man
This is where, for example, in a monarchy, a tyrannical or theocratic form of government, governance, and rules of conduct are set and altered at the discretion of a single person, or a select group of persons.
Rule of/by law
In a political system which adheres to the supremacy of the rule of law, the law always overrides and holds power over the acts of the government and its people.
Reference:
Rule of Law Definition. (n.d.). Retrieved from http://www.duhaime.org/LegalDictionary/R/RuleofLaw.aspx
Photo by JD Hancock
Justice
- Everyone should be treated fairly or evenly under the law.
Justice is a challenging term to define.
What is fair or even requires a balancing act between the terms "equality" and "equity" to be understood and applied in different circumstances.
You can see a graphic on the following slide which helps explain the differences between these two terms.
What is fair or even requires a balancing act between the terms "equality" and "equity" to be understood and applied in different circumstances.
You can see a graphic on the following slide which helps explain the differences between these two terms.
Photo by 1upLego
Untitled Slide
This slide explains the difference between the terms equity and equality which are useful when trying to understand what is meant by the term justice.
Reference:
Difference Between Equity and Equality (with Comparison Chart) - Key Differences. (n.d.). Retrieved from http://keydifferences.com/difference-between-equity-and-equality.html
Reference:
Difference Between Equity and Equality (with Comparison Chart) - Key Differences. (n.d.). Retrieved from http://keydifferences.com/difference-between-equity-and-equality.html
The Four Concepts of Justice
- Treat like cases alike and different cases differently.
- No discrimination on the basis of irrelevant facts.
- Justice should be impartial.
- Law must conform to a society's values and beliefs.
These four agreed upon characteristics of justice may help you better understand what is meant by the term:
Characteristic 1 Example
We would expect all drivers who are street racing to be treated the same way by the Justice System. However, we wouldn't expect someone speeding with an injured child in the backseat of their car to face the same punishment.
Characteristic 2 Example
Being denied entrance to a university on the basis of your grades would be considered just. Being denied entrance to a university because of your religion wouldn't be.
Characteristic 3 Example
A politician charged with drug distribution should face the same penalties as any other Canadian.
Characteristic 4 Example
On July 20, 2005, Marriage with a person of the same sex became legal in Canada. This is an example of a change in Law that conformed to new values and beliefs held by society.
Characteristic 1 Example
We would expect all drivers who are street racing to be treated the same way by the Justice System. However, we wouldn't expect someone speeding with an injured child in the backseat of their car to face the same punishment.
Characteristic 2 Example
Being denied entrance to a university on the basis of your grades would be considered just. Being denied entrance to a university because of your religion wouldn't be.
Characteristic 3 Example
A politician charged with drug distribution should face the same penalties as any other Canadian.
Characteristic 4 Example
On July 20, 2005, Marriage with a person of the same sex became legal in Canada. This is an example of a change in Law that conformed to new values and beliefs held by society.
Photo by Su morais
