Midterm Study

Introduction to Justice & Law

  • Law Defined: Law constitutes the rules necessary for regulating behavior, foregrounding the principles of regularity, such as:

    • Laws of Gravity

    • Laws of Evolution

    • Rules of the Road

  • Function of Law:

    • Law renders the universe intelligible, especially for human beings, by providing frameworks and constraints shaping societal interactions even as it also complicates free will.

    • Societal law evolves through custom and codification, establishing an order over time.

  • Prerequisites for Law:

    • Law is dependent upon authority; it requires enforcement by a recognized entity.

    • Discussion of law necessitates the existence of a state.

  • Elements of a State:

    1. Population

    2. Territory

    3. Sovereignty

  • Political Underpinnings:

    • The study of politics revolves around managing finite resources, leading to questions of justice and power dynamics.

    • Political Science Defined:

    1. Analysis of processes (who participates and how) and outcomes (laws and their implications).

    2. Inquiries into justice and the ideals of the most just state alongside the relevance of law and courts in achieving justice.

SEMINAR - Canadian Judicial System

  • Overview of the Judicial Structure:

    • Canadian judiciary operates under three main kinds of courts, as outlined by Section 92 of the Canadian Constitution:

    • Section 92 Courts: Provincial courts that are administered and appointed within their respective provinces.

      • Includes:

      • Provincial Court

      • Small Claims Division

      • Criminal Division

      • Family Division

      • Juvenile Division

    • Section 96 Courts: Provincially administered, federally appointed courts.

    • Section 101 Courts: Federally administered and appointed courts.

  • Ontario's Courts:

    • Prior to the 1990s: Majority of judicial appointments made by the Provincial Attorney General or Premier; patronage was influential.

    • Post-1990s: Establishment of Judicial Appointment Committees composed of judges, practicing lawyers, and government representatives chosen by the Premier to recommend judge appointments.

  • Judicial Independence and Democracy:

    • Importance of courts in a liberal democracy emphasizes self-governance and the rule of law while protecting minority rights.

    • Courts play key roles in adjudicating disputes.

Judicial Process

  • Core Functions:

    • The judicial process primarily resolves disputes, acting as a coercive method to enforce resolutions by applying law to facts recognizing that courts are viewed as impartial venues.

  • Definition of Law:

    1. Natural Law vs. Legal Positivism

    2. Categories:

    • International vs. Domestic

    • Private vs. Public

    1. Systems:

    • Common Law vs. Civil Law

    1. Law Hierarchy:

    • Constitutional Law

    • Statutory Law

    • Common Law

Theories of Law

1. Legal Positivism

  • Definition: States that law is defined by what the government enacts.

    • Constitutes a collection of rules created and enforced by public officials.

    • Requirements:

    1. Formulated through legitimate means

    2. Enforced by state power

  • Critique: Legal positivism may lead to the presence of amoral legal systems.

2. Natural Law

  • Principle: Laws must be morally permissible to be valid.

    • Reference to historical thinkers such as St. Augustine and Martin Luther King.

  • Assertion: Unjust laws hold no legitimate base; law must align with moral standards.

  • Critique: Raises questions about subjective moral interpretations and the contextual grounding of what constitutes validity.

3. Contestability of Law

  • Law remains contestable; various competing perspectives exist concerning what constitutes "the good" and the pursuit of justice within legal frameworks.

Categories of Law

  • International Law: Governs relationships between states, including treaties and international agreements, highlighting its growing significance especially post-WW2.

  • Private Law: Addresses relationships between individuals or corporate entities with categories including:

    • Torts: Wrongdoings against individuals’ rights or property (e.g., negligence cases).

    • Contracts: Enforceable agreements requiring mutual consent (e.g., Hadley v. Baxendale case).

    • Family Law: Issues surrounding marriage, divorce, child custody, and alimony.

    • Property Law: Governs ownership rights and obligations, including real property and personal property categories.

Categories of Public Law

  • Public Law governs the relationship between individuals and the state, subdivided into:

    • Constitutional Law: Determines the constitutional framework and rights within the context of governance structures.

    • Criminal Law: Enforces societal norms and punishes behaviors deemed criminal by the state.

    • Administrative Law: Regulates governmental agencies’ actions.

    • Tax Law: Dictates obligations of citizens in terms of taxation.

Systems of Law

  • Common Law System:

    • Predominant across English-speaking jurisdictions, including UK, Canada, and the US. It is characterized by judicial decisions that set precedents for future cases.

    • Defined by Hutchinson as a “vast body of judicial decisions” that develops over time with respect to past rulings to handle present disputes.

  • Civil Law System: Found in Continental Europe and Quebec (partly), focusing more on written legal codes without reliance on case law precedents.

Hierarchical Structure of Law

  • The structure is visually represented as:

    1. Top: Constitutional Law - Supreme law derived from the collective will of the sovereign people.

    2. Middle: Statutory Law - Created by legislatures; acts of parliament must align with the constitutional framework.

    3. Bottom: Common Law - Emerges from judicial interpretations and precedents set by court rulings.

Precedent and Stare Decisis

  • Definition: Stare decisis means “to stand by things decided.” This principle obligates courts to follow previous judicial decisions in similar cases, ensuring consistent application of law.

  • Benefits of Precedent:

    • Fosters predictability and stability in the law.

    • Protects citizens by ensuring a consistent legal framework.

  • Drawbacks of Following Precedent:

    • Can perpetuate outdated legal principles and become a source of rigidity if not reviewed or adapted to changing social contexts.

Great Cases in Common Law

R. v. Dudley and Stephens (1884)

  • Case Background:

    • Involves shipwreck survivors who resorted to cannibalism for survival.

    • Defendants claimed “defense of necessity.”

  • Outcome: Necessity defense was rejected, however, reducing pride of punishment via commutation.

The Significance of Great Cases

  • Great cases in law serve as “lighthouses” that guide future judicial decisions amidst changing contexts. They inform ongoing discussions about justice and ethics within the legal framework.

The Concept of Justice

  • Historical Context: Inquiry into justice spans from ancient philosophical discussions to contemporary analyses.

  • Dimensions of Justice:

    • Individual ethical frameworks

    • Community political structure (best state model)

    • Legal system interactions (dispute adjudication)

  • Types of Justice:

    1. Corrective Justice: Focuses on restoring equilibrium among transacting individuals, particularly in tort and contract law.

    2. Social Justice: Advocates for fairness and equality across societal structures, addressing systemic power disparities.

    3. Restorative Justice: Centers on mending relationships between offenders and victims while concurrently healing societal rifts.

    4. Procedural Fairness: Emphasizes integrity in legal processes to maintain unbiased trials.

Ethical Considerations within Justice Frameworks

  • Corrective Justice: Criticized for failing to address power dynamics, focusing primarily on transactional equality without considering broader social inequalities.

  • Social Justice: May erode individual freedoms by imposing state mandates for equitable distribution of benefits, leading to potential backlash against perceived state overreach.

  • Restorative Justice: Is seen as tension between traditional punitive responses and novel dialogue-based resolutions, weighed for emotional impacts on victims.

  • Procedural Fairness: Risks misunderstanding between the standard for fairness and the deeper notion of achieving genuine justice, emphasizing that procedural correctness is not inherently synonymous with justice achieved.

Canadian Governance and Political Reality

  • Complexities of Canadian Politics: Reflects the challenges of governing a diverse populace across vast geographic and cultural divides.

  • Role of Courts in a Liberal Democracy: They provide venues for resolving disputes, ensuring rule of law in protecting minority rights.

  • Roncarelli v. Duplessis (1959): A landmark case emphasizing the arbitrary powers of state officials when discretion undermines clearly established laws.

Quebec and Legal Distinction

Characteristics of Quebec Politics

  • Distinct cultural identity due to historical French influence, legal traditions of civil law, and socio-economic factors.

  • Political dynamics reflecting tensions between provincial nationalism and federalism.

  • The Quiet Revolution: A pivotal moment transitioning from religious dominion towards secularism and nationalism in Quebec politics.

Specific Legal Cases - Roncarelli v. Duplessis (1959)

  • Background: Revocation of a liquor license due to religious beliefs regarding Jehovah's Witnesses led to a legal challenge.

  • Outcome: The Supreme Court ruled that unauthorized administrative discretion infringed upon Roncarelli's rights and entitlements, affirming the rule of law principle.

Conclusion: Law as Societal Structure

  • Law's Dependency on Authority: Discussion of law cannot occur without establishing the state, alongside examining concepts of territory and population.

  • The intersection between law, politics, and societal norms illustrates the complex relationships governing citizen interaction, underlying legal amendments, and theoretical frameworks.

  • Importance of Legal Framework: The continuous evolution of law highlights the need for robust debate regarding justice, governance, and the implications of societal consensus beyond mere legal formality.