Legal Structure and Philosophy Terms/Concepts (Law)

Establish Rules of Conduct

laws exist to reduce conflict and encourage safety

Protect Rights and Freedoms

criminal code and charter allow laws to promote equality and proper rights

Protect People

from each other and the state

Code of Hammurabi - 1750 BCE

based on retribution (eye for an eye)

Mosaic Law - 1500-1300 BCE

law = religion, 10 commandments (basis for many Canadian laws)

Greek & Roman Law - 800-400 BCE

jury system, creation of lawyers

Napoleonic Code - 1800 CE

basis of Civil Law in Quebec

Rule of Law - UK, 1215 CE

Magna Carta: No one is above the law

Representative Democracy

people elect a government that makes laws

Precedent (case or common law)

similar cases are treated similarly

Political spectrum

A line that shows where each party's political beliefs fall.

Communism

all property is held "commonly", so owned by the country and not individuals

Socialism

state owns and controls capital and land and uses it for the benefits of people, transition step from capitalism to communism

Liberalism

advocates freedom of the individual and their rights that do not restrict their growth

Conservatism

keeping past orders and traditions and opposing change, or changing things very slowly

Facism

someone has complete power over all people and industries, forcibly suppresses any opposition and criticism

Political values

impact the role people think law should have in society

Morality

impacts what people think laws should be and their function in society

Legislating morality

peoples attitudes change which change laws, evolution of cultural morals and norms

Positive Law

Society and human authority decides what is good and evil in terms of laws

Socrates

Dealt with the problem of unjust laws

Socrates

He questioned EVERYTHING to find universal truths and said it was "Gods work",
Athens in 399 BC

Socrates

Was seen as a threat by people in power

Socrates

Charged with IMPIETY and POISONING MINDS OF THE YOUTH

Socrates

Found guilty and sentenced to death

Socrates

His morals: do not break an agreement, if you benefit from something you cannot back away in case something goes wrong, are people punished more when willingly do wrong or unwillingly

Natural Law

God/moral authority decides what is good and evil in terms of laws

Martin Luther King Jr.

Civil rights leader, He was jailed for breaking law against public demonstrations

Martin Luther King Jr.

A group of clergymen criticized him and his strategies in a newspaper: he is an outsider, he should negotiate, his actions are untimely, no justification for breaking the law

Martin Luther King Jr.

Believed that man made laws should reflect some higher law that exists

Martin Luther King Jr.

People blamed him for being violent but he responded: it's the method to gain his rights, it is wrong to use moral means to preserve immoral ends