Legal Foundations & Philosophy Flashcards

Vocabulary flashcards covering legal foundations, natural and positive law, political philosophers, modern legal theories, sources of law, legal classifications, and influencers of law.

Test Breakdown

A 70 marks total assessment consisting of 20 marks Multiple Choice (via Google Form), 20 marks Short Answer, 20 marks Categories of Law, and 10 marks Case Study.

Law

The ultimate legal concept associated with justice, equality, and morality that helps society determine acceptable and unacceptable behavior.

Legal System

A network of agencies, institutions, and procedures—such as police, courts, jails/prisons, and government—that create, interpret, and enforce laws.

Jurisprudence

The philosophical study of law that examines questions about justice, morality, and the nature of law.

Rule of Law

The belief that it is better to be ruled by laws rather than individual leaders, ensuring everyone (including those in power) must follow the law and no one is above it.

Natural Law

Law based on universal moral principles of what is right and just, historically connected to God, morality, reason, and philosophy.

Positive Law

Law created and enforced by the government or state, focusing on legal authority and what the law is.

Natural Law vs. Positive Law

A comparison distinguishing Natural Law (based on morality, reason, universal principles, and what the law should be) from Positive Law (based on government authority, state-created laws, legal authority, and what the law is).

Code of Hammurabi

An ancient Babylonian written collection of laws created by King Hammurabi; one of the earliest known written legal codes.

Magna Carta

An English document from 1215 that limited the power of the king, established that rulers must follow the law, and influenced legal rights and due process.

Thomas Hobbes

A political philosopher who believed people are naturally prone to violence and conflict, requiring a strong government to maintain law and order while citizens give up some freedom for security.

John Locke

A philosopher who believed people possess natural rights to life, liberty, and property, and have the right to rebel if the government fails to protect these rights.

Utilitarianism

The legal and philosophical belief that laws should aim to create the greatest overall happiness and benefit for the greatest number of people in society.

Socrates

A Greek philosopher whose trial on charges of corrupting youth and impiety raised key legal questions regarding the connection between law, morality, and justice.

Plato

A Greek philosopher who asserted that society should be built on knowledge, education, and harmony between individuals and society.

Aristotle

A Greek philosopher who maintained that laws are necessary to control human behavior and guide people toward reaching their potential through reason and education.

St. Thomas Aquinas

A philosopher who connected Natural Law to God, reason, and the common good, proposing that humans can understand divine law through human reason.

Legal Formalism

A legal theory holding that judges should apply the law exactly as written to ensure consistency and predictability, without changing laws based on personal fairness.

Legal Realism

A legal theory holding that law is best understood by observing how judges actually interpret and apply it based on their experiences and perspectives.

Marxism

A legal theory associated with Karl Marx asserting that law is used by the ruling class to maintain wealth, power, and control over society.

Feminist Jurisprudence

A legal theory examining how legal systems reinforce gender inequality and male-dominated structures, advocating for women's legal rights and equality.

Restraint of Power

A concept associated with Philip Selznick stating that government power must be limited and predictably controlled through legal restrictions and checks like courts.

Primary Sources of Law

The historical foundations and cultural influences—including religion, customs and conventions, social philosophy, and historical traditions—from which Canadian law developed.

Secondary Sources of Law

The formal mechanisms through which laws are written, interpreted, and applied in Canada, including the Constitution, statutes, regulations, and court decisions.

Statutes

Written laws passed by federal or provincial legislatures, also referred to as Acts.

Regulations

Detailed, specific rules created under the authority of a statute that explain how the law will function in practice.

Precedent

A legal principle created by a previous court decision that serves as an authority or guide for deciding future similar cases.

Stare Decisis

The legal doctrine requiring courts to follow established precedents set by higher courts in prior decisions.

Common Law Systems

A major Western legal system derived from English law that relies primarily on judicial precedent, court decisions, and case law.

Civil Law Systems

A major legal system originating from Roman law that relies on comprehensive written legal codes, as seen in Quebec's legal tradition.

Common Law vs. Civil Law

A comparison contrasting Common Law (developed from English law, based on precedent and court decisions) with Civil Law (originated from Roman law, based on written legal codes).

Substantive Law

The body of law defining rights, duties, and obligations—explaining WHAT the law actually is (primary rules).

Procedural Law

The set of legal rules governing HOW substantive laws are enforced through police procedures and court processes (secondary rules).

Domestic Law

Laws created and enforced by a specific country's government that apply exclusively within that nation's boundaries.

International Law

The body of law governing relations and agreements between independent sovereign nations and international bodies.

Private Law

The branch of law regulating legal relationships and disputes between private individuals or organizations (e.g., tort, contract, family, property law).

Public Law

The branch of law regulating the relationship between individual citizens and the state, including criminal, constitutional, and administrative law.

Lobby Groups

Organized interest groups that attempt to persuade politicians and lawmakers to pass or amend legislation favoring their specific cause.

Royal Commissions

Formal government-appointed investigative bodies assigned to thoroughly research key national issues and release official recommendations.

Legal Scholarship

Academic research and articles published in legal journals by scholars that inform, guide, and shape judicial thinking and legal development.

Political Demonstrations

Publicly organized rallies, marches, or protests intended to draw attention to an issue and pressure government bodies to implement legal reforms.

Collective Action

The coordinated effort of individuals organizing as a group to generate broad public support and pressure lawmakers into making social or legal changes.