Equality, Neutrality, Force, Morality, and Reason
Key Concepts: - Navigate the philosophical underpinnings and implications of law, including the importance of justice and lawful order.
Forms of Social Control
Types: - Law: Formalized rules enforced by institutions.
Manners: Social conventions and expectations.
Religion: Moral principles derived from religious beliefs.
Secular Morality: Non-religious bases for moral judgments.
Custom: Established norms through collective social practices.
Politics: Power dynamics and governance.
Social Coercion: Informal pressure to conform to societal norms.
Force: Application of physical power or influence.
What Characterizes Law?
Laws are defined by their structure and enforcement mechanisms.
Legal Definitions
Statutes: A written law passed by a legislative body.
Regulations: Rules made under the authority of statutes.
Municipal By-Laws: Local laws that govern municipal areas.
Forms of Justice
Corrective Justice:
Aims to restore balance by compensating victims.
Basis of tort law and contract law.
Distributive Justice:
Focuses on fairness in the distribution of resources (status, merit, money).
Retributive Justice:
Punishment fits the severity of the crime (fair sentencing).
Example: Workplace discipline.
Procedural Justice:
Ensures fairness in decision-making through unbiased processes.
Fundamental to criminal and civil procedures.
Perspectives of Law
Moral Perspective: Based on ethical principles guiding legal standards.
Economic Perspective:
Law's role in facilitating market operations but recognizing inequities.
Example: Worker compensation systems.
Public Choice Theory: No unanimity in societal benefits; interests driven by bargaining.
Scientific Perspective: Claims objectivity in addressing legal dilemmas through empirical data.
Natural Law
Represents inherent moral principles aimed at promoting human welfare.- Examples: Proscriptive norms against murder and deceit.
Kantianism vs. Utilitarianism
Kantianism: Actions are judged by reason and duty; advocates for absolute moral imperatives.
Example: Prohibition against lying or killing.
Utilitarianism: Evaluates actions based on consequences for the majority, focusing on maximized overall benefit.
Cost-Benefit Analysis Steps:
Identify consequences of actions.
Assess associated costs and benefits.
Quantify data.
Choose the option with the highest net benefit.
Economic Perspective of Law
Laws shape market operation conditions but may inadvertently foster disparities.- Example: Worker compensation laws reflecting existing inequities.
Public Choice Theory
Suggests policymaking is influenced by self-interest and bargaining among various groups rather than the public good.
Scientific Approach to Law
Focuses on resolving issues through unbiased scientific methodologies, resorting to policy grounds when scientific conclusions are insufficient.
Lecture 2: Legal System
Constitution: The foundational document that outlines the rules governing the legal framework.
Fundamental Legal Structures
Separation of powers:- Executive: Enforces laws; includes Prime Minister and Cabinet.
Legislative: Creates laws; consists of Senate and House of Commons.
Judicial: Interprets laws via court systems.
Types of Law
Common Law: Law established through judicial precedents and interpretations.
Precedent: Previous judicial decisions serving as authority for similar future cases.
Stare Decisis: Higher court rulings bind lower courts' decisions, fostering consistency.
Statutory Law: Written laws enacted by legislative bodies.
Must comply with higher law standards.
Important Legal Terms
Standard of Proof: In civil cases, the burden must reach at least a 51% certainty (balance of probabilities).
Contrast with criminal law, which requires proof beyond a reasonable doubt.
Public Law: Deals with the relationship between individuals and the government, including constitutional, criminal, and administrative law.
Criminal Law: Defines acts as offenses and prescribes punishments, primarily governed by the Criminal Code of Canada.
Lecture 3: Constitutional Law
Nature of Constitutional law: Defines the framework and function of legal systems; termed as rules about rules.
Historical Context of Canadian Law
BNA Act of 1867: Initial Constitution of Canada, asserting federal governance.
Supreme Court of Canada: Final arbiter of the law, elucidating constitutional interpretations.
Legal Principles in Canada
Charter of Rights and Freedoms: Established in 1982, serving as the Supreme Law protecting individual rights against government action.- Significantly amended the legal landscape in favor of judicial checks.
Legal Classifications
Federal vs. Provincial Jurisdiction: Division of powers concerning specific subject matters; the federal jurisdiction primarily retains significant domains like criminal law.
Judicial Review
Examines the legitimacy of statutes or government actions per the principles enshrined in the Charter of Rights and Freedoms. This may involve claims of ultra vires (beyond authority) or intra vires (within authority).
Implications of Jurisdiction
Paramountcy Doctrine: Federal law overrides conflicting provincial statutes in shared jurisdiction matters.
Common Law Precedents: Asserts that specific remedial actions may be retrospective unless explicitly negated by newer statutes.
Lobbying and Political Pressure in Law
Engaging in politics is pivotal for pushing through certain legal reforms or addressing public policy concerns.
Lecture 4: Rights and Freedoms
Discusses the balance between legislative supremacy and individual rights; the challenges faced in protecting those rights.
Rights Protection Through the Charter
The Oakes Test: Framework to evaluate whether limitations on rights are justified in a free and democratic society, demanding a proportional and rational basis for any infringements.
Legal Rights Overview
Search and Seizure: Everyone is entitled to freedom from unreasonable searches.
Detention Rights: Individuals have rights regarding unlawful detention and holding during inquiries.
Legal Representation: Right to counsel without delay, with an emphasis on protecting accused individuals against self-incrimination.
Duties and Responsibilities
Human Rights Commission: In Ontario, facilitates the monitoring and enforcement of rights.
Tribunal: Operates to advocate for individuals whose rights have been breached.
Lecture 5: Tort Law
Tort: Defined as a civil wrong recognized by law that does not stem from contractual obligations.- Key Concepts in Tort Law:
Focuses on negligence, fault, and liability.
Includes categorization of torts: trespass, nuisance, defamation, and more.
Key Areas of Tort Law
Negligence: Central tort involving the failure to exercise reasonable care that results in harm.
Plaintiffs and Defendants: In tort litigation, plaintiffs seek damages for harm while defendants assert or contest liability.
Standard of Proof in Tort Law: Plaintiffs must establish claims based on balance of probabilities, emphasizing the evidential burden.
Types of Negligence Cases
Occupational Injuries: Involving workplace accidents and injury claims due to employer negligence.
Environmental Torts: Cases pertaining to environmental damages and public health implications.
Remedies and Defenses in Tort Law
Damages Structure: Injuries can lead to compensatory damages, punitive damages, and injunctive relief.
Defenses: Various potential defenses operate in tort cases such as consent, contributory negligence, and statutory authority, among others.
Lecture 6: Criminal Law
Types of Criminal Offenses: Categorized as summary offenses, indictable offenses, or hybrid (dual procedure) offenses.
Mens Rea: The mental state or intent required for a criminal offense.
Sentencing and Punishments
Types of Sentences: Vary from fines, imprisonment, or conditional discharge; mandated by the severity of the crime.
Liability Under Criminal Law
Criminal findings depend on proof of actus reus (the physical act) and mens rea (the mental state).
Bill C-45 and Corporate Liability
A pivotal law establishing directives for corporate criminal liability and safety measures in the workplace.
Communication and Social Responsibility in Law
Educational Role of Law: Law serves a dual function of regulating behavior and informing society through legal literacy and awareness initiatives.
Overview of Ontario Health Legislation
Laws governing public health and environmental protection ensure integrity in service delivery and obedience to safety standards.
Health Protection and Promotion Act (HPPA)
Comprehensive overview regulating preventive health measures, outlining responsibilities of health units, health officers, and institutional practices.
Public Health Regulations and Compliance
Encompasses various mandates for active health management and public safety, covering inspection protocols and response measures to health emergencies.