Transcript Unit One: - HGunnWikiMHS

Unit One:
Law and Society
The Dumbest Things Ever Said in Court

The following were posed by real-live lawyers and
taken from court records (and borrowed from
Duhaime.org).

“Was that the same nose you broke as a child?”
“Was it you or your brother that was killed in the
war?”
“Where you alone or by yourself?”
“So, you were gone until you returned?”
Lawyer, “What happened then?”
Client, “He told me, “I have to kill you because
you can identify me”
Lawyer, “And did he kill you?”
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Law in Our Lives
With a partner, discuss the meaning of the following quotes.
Now, choose the one that you feel best fits with your personal
philosophy, and be prepared to explain your rationale.
1.
2.
3.
4.
5.
“Where law ends, tyranny begins” William Pitt (British PM
1759-1806)
“Law is simply the rule of the stronger.” Plato (Greek
philosopher)
“Law depends on its validity by having a penalty
attached.” Jane Austen (British author, 1775-1817)
“Law is the highest reason.” Marcus Cicero (Roman orator,
106-43 BC)
“The more numerous the laws, the more corrupt the state.”
Cornelius Tacitus, Roman advocate at law, 56-120 CE).
Law is Everywhere
 List
all the laws that you think might apply
to these situations.
Canadian Laws
 Canada’s
legal system strives to represent
principles Canadians believe in and
value. Each generation influences this
system and the laws that are passed
reflect the society of the period.
When Was This Law Formed?
1.
2.
3.
4.
5.
6.
National divorce law
Prison rehabilitation laws
Canadian Charter of Rights and
Freedoms
Same-Sex Marriage
NB ATV Law (Kids under 14 need to be
supervised; kids under 16 need course)
No smoking in public places in Canada
Answers
1.
2.
3.
4.
5.
6.
1960s and 70s
1960s and 70s
1982 (Charter)
2005 (Same-Sex)
2011 (ATV)
2008 (No Smoking)
Why Study Law?
 To
ensure the legal system continues to
work
 Thoughtful, informed citizens
 Capable of affecting meaningful change
 Have insight and tools to influence
change to reflect your generation
 Be a better citizen
Rules vs. Laws
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
What’s the difference between a law and a
rule?
Consequences are not enforced by the
courts, with rules.
As a member of society, you can’t opt out of
following a law, and you can’t change them
on your own.
If you break a law, you will be punished:
going to prison, paying a fine, paying
compensation for damages.
Which is a Law and Which is a Rule?
 Not
smoking on school property.
 Wearing your seat belt in your car.
 Not buying cigarettes under the age of
19.
 Not wearing your hat in class.
 Turning off your cell at the movie theatre.
 Not hunting deer without a licence.
 Participating in a “Pyramid Scheme”
What is a Law?

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
Laws regulate our social, political and
economic activities from birth to death.
They restrict who we can marry, who gets our
money when we die, whether we can put a
swimming pool in our backyard, at what age
we can purchase certain products, what
ingredients should be in our soft drinks.
Laws differ from nation to nation, province to
province, and even city to city. For example,
in come Canadian cities, you can make a
right-hand turn when the traffic light is red.
The same practice is illegal in other cities.
Really?
 According
to the Driver’s Handbook, you
can make the right-hand turn, unless
there is a sign telling you not to.
 It’s illegal in Montreal, Japan and
Denmark, for example. Can you find
other examples?
Laws Change with time and
Location
 Laws
passed today might be quite
different from laws passed in 1867 (think
women’s rights and equal opportunity).
 Laws about snow removal in NB would not
be necessary in Victoria, BC.
 Laws reflect values as well as practical
concerns, so they vary widely among
provinces, states, countries and cultures.
Civil Law and Common Law

Canada is somewhat unique because it inherited
Civil Law from the French and Common Law from
the English.

Today Common law is applied in most countries
settled or ruled by the British. In Canada, law in all
the provinces except Quebec is based on
common law.

According to British tradition, it has been the
responsibility of Parliament to protect individual
rights. This practice was followed in Canada until
the passing of the Constitution Act, 1982, which set
down individual rights along American lines in the
Canadian Charter of Rights and Freedoms.
Canadian Charter of Rights
and Freedoms (1982)
 Normally
courts are required to apply
legislation as passed. However, the
Canadian Charter of Rights and
Freedoms, part of the Constitution Act,
1982, has given courts the responsibility of
ensuring that legislation does not violate
the individual rights.
British Common Law

British common law, also called
traditional law, is law that has evolved
from decisions of English courts going
back to the Norman Conquest in 1066.
These earlier decisions set “precedent,”
which are used in future cases of a similar
nature. Precedent can be overruled by
new laws, or statutes, passed by the
appropriate government.
Common Law in Canada
Before 1867
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
Newfoundland, Prince Edward Island, New
Brunswick and Nova Scotia all followed
common law before Confederation. The
province of Canada, however, had begun as
a French colony – New France – which used
civil law.
After the conquest, the British guaranteed the
survival of civil law in the Quebec Act, 1774.
The Constitutional Act, 1791, however, split
the province of Quebec into Upper (now
Ontario) and Lower Canada (now Quebec).
Lower Canada retained civil law; Upper
Canada quickly switched to common law.
Civil Law

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Civil law is the kind of law that evolved from
Roman law, based on a written “civil code”.
This was adopted in France after the French
Revolution in 1789. Called the Code
Napoléon, it covered only matters of private
law:
• The legal attributes of a person (e.g.: name,
age of majority)
• The relationship between individuals (e.g.:
marriage, adoption, parentage)
• Property (e.g.: possession, land boundaries)
• The legal institutions governing or
administering these relationships (e.g.: wills,
sales, leases, partnerships)
Civil Law
 Through
plain language and the specific
nature of each regulation, civil codes are
intended to be easy to understand and
apply. It does not rely on precedent to
the same extent as common law.
 Today, civil law is used in many countries
in Europe as well as in Quebec.
 The
Civil Code of Lower Canada
remained unchanged until 1955, when
changes began to be made. By the late
1980s, it was realized that a major revision
was required. A new Civil Code of
Quebec came into force on February 1,
1994.
 This new code integrates some concepts
from common law. It is still under debate
as some of its regulations fall under the
sphere of the federal government as
determined by the British North America
Act, 1867 (now renamed Constitution Act,
1867) and Constitution Act, 1982.
Laws Change With The Times:
Laws in NB in the 19th Century
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Husband and wife were one legal entity. A
woman could not sue her husband if he abused
her because that would be, in legal terms, suing
himself. He alone had the right to determine the
fate of their children, and, upon marriage, his
wife’s assets and subsequent earnings were under
his control.
When her husband died, a woman was entitled,
under the law of dower, to a life interest in onethird of her husband’s estate. Often a widow
became a boarder in her own home which
passed into the hands of one of her sons.
(http://atlanticportal.hil.unb.ca/acva/loyalistwom
en/en/context/world.html)
Old Maid

In colonial society, single women theoretically
had legal status equal to that of men, but
they rarely exercised it. Even those few
women who had the requisite property
qualifications were denied the right to vote
and to hold public office. Referred to as
‘spinsters’ or ‘old maids,’ unmarried women
who failed to make the transition from a
young maid to housewife were often the
object of scorn.
(http://atlanticportal.hil.unb.ca/acva/loyalist
women/en/context/world.html)
Slaves in NB’s History
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Enslaved African Americans who lived in Loyalist
New Brunswick were, by law, subject to the
dictates of their owners, who sold them at will.
Slaves rarely had the opportunity to form stable
families. Slave masters believed that they had the
right to sexual relations with their “chattel”
Known primarily by their first names, slaves had
few legal rights and were often treated brutally by
their owners.
The life expectancy of slaves was short, due in part
to the hard work they were forced to do and an
inadequate diet.
(http://atlanticportal.hil.unb.ca/acva/loyalistwom
en/en/context/world.html)
Punishment: Hanging
 Much
of the legal system was dedicated
to protecting private property, hence the
often severe penalties for crimes such as
robbery, burglary and counterfeiting.
Research on the subject is limited, but
based on practices in other British North
American colonies, guilty individuals
could be hanged for property offences
 The last hanging in Canada was in 1962.
 (http://www.unbsj.ca/arts/hist/)
Branding, Whipping, Stocks
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Other punishments included branding felons and
whipping persons who had committed minor
offences, or subjecting them to humiliating
punishments such as the public stocks. In the
aftermath of rioting among loggers and raftsmen
along the Miramichi river in 1822, for example, a
number of prisoners received fifty lashes or were
placed in the pillory.
During the second third of the century, corporal
and humiliation punishments were replaced by
fines and imprisonment. This was a period in which
servants and children were whipped by masters
and parents, and when residents of county or
municipal Poor Houses also were subjected to
corporal punishment.
(http://www.unbsj.ca/arts/hist/)
Juvenile Delinquents, 1908

In 1908, the Canadian Parliament enacted
the Juvenile Delinquents Act, which placed
children and youth ’in conflict with the law’
under a new legal status: juvenile
delinquency.

Youth were to be excluded from adult
lockups, courts and jails as much as possible,
but could be prosecuted, fined, placed on
probation or even sentenced to a
reformatory for being disobedient to parents
or guardians.
Cases From NB
 Read
the case that is assigned and
summarize (who, what, when, where, why
and how).
 It what ways does this case differ from the
law, as you know it, in 21st Century NB?
The Need For Law

To some extent, laws permit us to do that by giving
us a certain amount of predictability and a
structure for creating a safe and peaceful society.
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Laws against criminal conduct safeguard our
property and protect us from violence.
Disputes and disagreements are settled in the
courts, not in the streets.
Some societies enforce law through intimidation,
and citizens can be arrested and imprisoned
without trial.
In Canada, we expect law to protect the rights of
individual citizens.
The Rule of Law
A
1.
2.
3.
three-part principle of justice
Individuals must recognize and accept
that the law is necessary
The law applies equally to everyone,
including people in power
No one has the authority to exercise
unrestricted power to take away our
rights except in accordance with the
law.
Roncarelli v. Duplessis
 Read
the case study and answer the two
questions
 Page 13
Law and Morality

Some laws reflect the moral values of the
majority of society. The relationship between
laws and moral codes can be controversial.
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Ex: Should it be against the law to help a loved
one die when he or she is suffering from a
terminal illness? It is in Canada.
Ex: Should abortion be a criminal or medical
matter?
Ex: Is it acceptable for parents to physically
discipline their children?
Ex: Why does society regulate tobacco and
alcohol but consider other drug use criminal?
Canada’s Marijuana Laws
 http://www.cannabisculture.com/v2/cont
ent/2011/04/13/Ontario-Judge-RulesCanadas-Marijuana-LawsUnconstitutional
 Videos
Right and Wrong: Says Who?
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In a multicultural, democratic society, tension may
exist between the law and personal and
community standards of right and wrong.
Although Canadians have always been divided in
their support for capital punishment, in 1976 the
gov’t abolished the death penalty.
Sometimes the democratic will of the people
challenges Parliament to change laws to
represent the moral values of society. For
example, society has become less tolerant of
people who drink and drive, resulting in increasing
penalties and a wider range of charges. In NB,
the legal limit just dropped from .08 to .05 as of
May, 2011.
http://www.cbc.ca/news/canada/newbrunswick/story/2011/05/27/nb-drunk-driving-lawstrevors-926.html
Law and Justice
 The
idea of law has always been
associated with the idea of justice. What
exactly is justice? What do we mean
when we say we want to live in a “just”
society?
 Discuss with your group and see if you can
come to a consensus, to share with the
larger group. 3 mins
Law and Justice
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The concept of justice has varied from age to
age. Ancient Greece society did not
consider inequality an injustice; it was just the
way society was structured.
Today, Canadians would place equality at
the very heart of justice.
The law is supposed to be applied equally to
all, regardless of financial status, age, gender
or race. All kids should have the right to
education, all citizens have the right to vote.
R. v. Dudley and Stevens
 Read
the case study on page 15.
 Answer questions 1 and 2.
 Discuss your answers
Justice
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Because our ideas of justice originate from
our moral convictions and our values,
attitudes and beliefs, all change over time.
We do have to agree on certain
characteristics.
1.
We should “treat like cases alike and different
cases differently.” (A charge of disturbing the
peace would be handled differently if the
accused has Tourette’s Syndrome. Is that fair?
Just?)
2.
3.
4.
We consider a law unjust if it discriminates on the
basis of irrelevant characteristics. You might be
ok with being refused entrance to a restricted
movie if you didn’t have proof of age, but if you
were denied based on the color of your eyes,
you would likely not be ok with that.
Justice should be impartial; laws should be
applied regardless of a person’s position or
financial status.
We expect the law to be just in that it conforms
to society’s values and beliefs. For example, if
the federal gov’t wanted to strengthen law
enforcement by requiring all Canadians to have
a sample of their DNA take at birth, some people
might oppose because it’s a violation of their
right to privacy. Whether or not the legislation
got passed would depend on society valued
protection over privacy.
Is there justice for the rich and
famous?
 Brainstorm
some examples of when
celebrities / people in power / with
money have been grabbed by the long
arm of the law.
 Brainstorm some examples of when
privilege and power seem to helped
individuals get away with murder (or
something else).
Examples
 Italian
Prime Minister Silvio Berlusconi
 Brian Tobin’s son, Jack
 Conrad Black
 Martha Stewart
 Michael Jackson
 Paris Hilton
 OJ Simpson
 Ted Kennedy
“MacIsaac Discharged for
Fiddling with Pot”
 Read
the case study (page 16)
 Answer the two questions
 Discuss
Do you know your stuff?
1.
2.
3.
4.
5.
6.
Why do you think it’s important to study the
laws of your country?
How do rules differ from laws?
Why do we need laws in society?
Identify the three aspects of Rule of Law.
What is the relationship between law and
morality in Canadian society?
Use your own examples to explain each of
the four agreed-upon characteristics of
justice.
Part Two: Historical Roots
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
Laws in the form of community-enforced rules
have existed from the time people started to
interact. Early communities created laws
related to hunting, ownership of property,
family relationships, and responsibilities.
Most were based on common sense or
practicality and were passed on by word of
mouth to future generations. As people
started to trade with other nations, laws
became more complex and it was necessary
to put them in writing.
Great Laws of Manu
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
Between 1280 and 880 BC, lawmakers in India
recorded the Great Laws of Manu: compiled
laws passed on for generations, in oral
tradition. China also had a set of written laws
– The Chinese Code of Lik’vei, written around
350 BC (theft, robbery, prison, arrest).
Laws around the world have much in
common: property rights, slavery, treatment
of women and children (similar despite great
distances). Many of these have affected
Canada’s present legal system.
The Code of Hammurabi
 (ham
ar ah bi)
 One
of the earliest sets of written laws
were discovered in Iran by French
archaeologists in 1901.
 Hammurabi
(1792-1750 BCE) was the king
of Babylon. He codified the rules and
penalties for every aspect of Babylonian
life. He attributed the laws to the gods, to
get compliance.
Some tidbits
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Commit a robbery? Be put to death.
Open your ditches to water your crops and flood
a neighbour? Pay for it.
If your wife gets sick and you want to marry
someone else? Keep the first one in the house and
support her (and marry the second one).
Want to hire your daughter out to work or sell her
as a concubine or to serve a god (in a nunnerylike situation)? Go for it.
Commit adultery? Both parties are put to death by
drowning.
Hit your father? Lose a hand.
Is that fair?
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This was a patriarchal society in which the wealthy were given
more protection in law than the poor.
Slavery was legal, women and children were considered the
property of men.
There was a clear hierarchy of power: gods at the top, king,
male nobles, their wives and children, poor and slaves at the
bottom.
Many of the laws were based on retribution (and eye-for-aneye) and distinction was not made between an accident and
a deliberate action. For example, if a doctor operates on a
patient and the patient dies, so does the doctor.
Because of the hierarchy of power, those who were powerful
often had their slaves or female relatives accept retribution.
Some penalties seem excessive and cruel: if a slave says to his
master, “you are not my master”, he cuts off his ear.
Reasonable and Just
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Restitution: the concept of making payment
to the victim of the crime was common in the
event of damage or theft. It was recognized
that people should not lie, especially at a trial.
The strong should protect the weak (if
someone has their cattle stolen and the thief
is not fond, the community will compensate
him).
So, in some ways, even these earliest laws
have influenced our current system.
Mosaic Law
 One
of the greatest influences on our law
is biblical law, also known as Hebrew law
or Mosaic Law. In the bible, we are told
that Moses climbed Mt. Sinai where God
gave him laws to be followed: The Ten
Commandments.
 These laws and other Mosaic Laws were
written 500 years after the death of
Hammurabi, and the principles are similar.
Mosaic Law
 Forbidden
to commit murder, adultery,
theft and to worship other gods.
 This is an example of how laws evolve.
Mosaic Law was more concerned with
punishing a deliberate action than an
accidental act of harm. It was also more
likely to punish the guilty party than permit
a person of high status to shift punishment.
Care for the poor was a great concern in
Mosaic Law.
Laws from the Book of Exodus
Thou shalt not kill
 Thou shalt not steal
 If a man steals an ox or a sheep and kills it or sells it,
he shall restore five oxen for an ox and four sheep
for a sheep
 If a thief is found breaking in and be smitten that
he die, there shall be no blood shed for him
 Thou shalt not raise a false report, or put thine
hand with the wicked to be an unrighteous
witness.
Based on this excerpt, what conclusions can you
draw about the concept of justice in Hebrew society
at this time?
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Comparison
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The Code of Hammurabi and The Ten
Commandments both emphasized the
importance of showing respect for parents.
But they differed in how the laws were
expressed: the Hammurabi code spoke of
punishing a son for striking his father; Mosaic
Law was less gender specific, “Whosoever
strikes his father or his mother shall be put to
death.”
It’s possible that this reflects a different
attitude toward women in the two societies.
Greek Law
 The
first form of democracy was born in
Greece, though it wasn’t democracy as
we know it today.
 Only “citizens” (a small percentage of the
population) had political rights. Excluded
were women, children, aliens and slaves.
Greek Citizen Involvement


Athenian citizens were expected to
participate in major decisions affecting the
running of the country. Voting was a major
responsibility, so was jury duty. The jury system
can be traced to Athens, in approximately
400 BCE.
They used democracy to decide on the
sentence of the accused; if the person were
found guilty, the accused and the accuser
would suggest a sentence. The jury voted.
The Trial of
Socrates
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
One of the best-known examples of the
democratic process was the trial of Socrates.
He was arrested in 399 BCE. It was claimed
that his ideas mislead Athenian youth and
undermined democracy.
After a lengthy trial, 501 jurors found him guilty
(281 to 220) and the accusers recommended
the death sentence. He argued that the law
was unfair but accepted that he had been
tried by his peers. He drank a cup of
poisonous hemlock, as instructed by the
court.
Roman Law

Two basic principals: 1) the law must be recorded
and 2) justice could not be left in the hands of judges
alone to interpret.

They were codified, and could be revised when
needed.

The Twelve Tablets, among the earliest Roman
codes, were written on wood and bronze in 450 BCE.

Compiled by a committee of 10 men

Determined the law of England during the Roman
occupation and is the FOUNDATION OF MODERN
LAW.
Roman Law
Public persecution of crimes
System of victim compensation
Protected the lower class from being abused by the upper class
BUT, reflected a patriarchal society (women weren’t mentioned
as they had no status)
Their society had spread throughout Europe, as did their laws.
New laws were made to decide matters such as what constituted
criminal behaviour, how contracts should be regulated, how
everyday disputes between citizens should be resolved.
It became necessary to have expert oversee the system: lawyers
Practice of having an advisor (lawyer) became prevalent
Justinian’s Code
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After 395 BCE, the Roman Empire split into the
Byzantine Empire and the Western Roman Empire.
Byzantine Emperor Justinian commissioned 10 men
to study and clarify the 1600 books of Roman law.
Inspired the modern concept of justice
“Justice” is derived from his name
Formed the basis of civil law (laws governing
personal relationships)
Became one of the main legal systems to govern
Western civilization (France and, thus, French
Canada)
France and the Napoleonic Code
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The French Revolution took place 1200 years after
Justinian’s rule.
Bonaparte gained firm power.
In order to unify French law, he commissioned a new
code of laws, Napoleonic Code, or the French Civil
Code.
Came in effect in 1804 and spread throughout much of
Europe.
These laws were a compromise between Justinian Law
and Germanic law.
It was non-technical and, so, accessible to the public.
Regulated civil matters (property, wills, contracts, family
law).
See the excerpt on page 23. What do these laws tell
you about the status of women in French society at the
time?
Do You Know Your Stuff?
1.
2.
3.
4.
5.
6.
What were the Great Laws of Manu?
Identify one of the earliest-known written
codes.
Name the set of laws found in the Book of
Exodus in the Bible.
What role did the people known as citizens
play in Greek society?
Which society had the first paid legal
advisors?
How did the Justinian and Napoleonic
Codes contribute to the development of
modern law?
Influences on Canadian Law


Canadian law reflects aspects of Mosaic,
Greek, Roman and French law, but it’s British
law that has had the most influence in
Canada..
Picture of the Queen in the courtroom; judge,
lawyers, parties involved sit in an area
separate from members of the public; court
judges and lawyers wear long, black robes;
justices in the Supreme Court of Canada
wear scarlet robes trimmed with ermine. All of
these traditions come from Canada’s roots as
a British colony.
Early British Law
When the Roman conquered Britain in 43 BC,
they imposed their laws. This lasted until 410
CE. Local customs and traditions took over,
as law.
1. TRIAL BY ORDEAL
When a lord can’t decide a case, he uses a
method called trial by ordeal. The accused
undergoes a torture, and guilt or innocence is
determined by the outcome. God is said to
have decided. Dead? Guilty. (trial by hot iron,
trial by hot water, trial by cold water).

Purging by Water
 Read
the case study on page 25
 Answer the question
 Discuss

Trial by Oath Helping

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Used for less serious charges. People who knew
the accused had to swear an oath on the Bible
that he or she was innocent. If they did, the
accused went free.
Trial by Combat

The two parties engaged in a duel. It was
presumed that God would be on the side of the
innocent. (FYI, in Canada, to extend or accept
a challenge to a fight or duel is a criminal
offence that carries a penalty of imprisonment
for up to two years)

It was possible to hire someone to fight on your
behalf, using your brain, but not your body. Sounds
like our adversarial system; a lawyer argues on your
behalf because she is better able.
The Feudal System
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
The arena for most legal battles today is the
courtroom. Today we take for granted that
“no one is above the law” and that the judge
is impartial.
Until 1066, there had been no unified system
of law, but a combination of traditions from a
lot of villages.
In 1066, William the Conqueror (Normandy),
invaded England, won and quickly instituted
law by unifying the system and assuming
overall authority.
William was the Law
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Absolute power came from DIVINE RIGHT, the
belief that the monarch derived power to rule
from God and was “above the law”
Feudal System was instituted, divided England into
parcels of land, each controlled by a nobleman,
and everything within it (land, animals, peasants)
belonged to the lord. Each nobleman judged
and sentenced only those under his direct
authority. Some were fair, some were not.
Penalties differed from village to village. No rules
of evidence and no thought of the rights of the
accused.
By the 12th century, the people had rebelled and
Henry 11 (William’s grandson) changed the course
of history, and lead to the present-day system of
British and Canadian law.
Common Law
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Henry’s attempt to bring consistency and fairness
Authorized a number of judges to travel and hold
court, assizes
Used common sense and principles of justice and
local customs and traditions that reflected the
community’s sense of justice.
They started to record their cases and their
decisions, so a common method developed.
This was the basis of common law or case law.
Precedents could be followed in future, similar
cases
STARE DECISIS, “to stand by the decision”
developed into the RULE OF PRECEDENT used
today.
Legal Reforms
 Next,
Henry set up a jury system. Used first
in land disputes; 12 elderly men.
 They left the decision to the judge.
 Soon courts heard disputes about
everything from inheritance to serious
criminal offences.
 Inadvertently, this system lead to the
monarch losing ultimate power.
Rule of Law
 The
MAGNA CARTA was the first step in
establishing individual basic rights for
people in England. It recognized the
principle called THE RULE OF LAW, which
gave everyone equality before the law.
No one was above the law.
Habeas Corpus
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“You must have the body”, the writ (legal
body).
A court order that commands the custodial
authority to present an arrested person before
a judge or court to determine the validity of
the arrest.
The purpose is to release those who are
unlawfully imprisoned, within a reasonable
amount of time. This is fundamental to our
current legal system.
Aboriginal Law
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Aboriginal people (in North America) had beliefs that
acknowledged a creator in heaven and a strong
sense of family and community.
They had established governments, religions, social
structures and legal systems. They were passed orally
from generation from generation.
The LEAGUE OF NATIONS or IROQUOR CONFEDERACY
was formed in 1450, Mohawk, Onondaga, Seneca,
Oneida, Cayuga and Iroquois (Six Nations).
This influence was far reaching through North
America. The GREAT BINDING LAW outlined the
rights, duties and responsibilities of the people and
had laws covering adoption, emigration, treason
and secession.
There are many similarities with our current concept
of law / justice.
On Clans and Consanguity
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Read the excerpt on page 29.
What beliefs and values are revealed by
these excerpts from THE GREAT BINDING LAW
of the Iroquois Confederacy?
Go to
http://www.indigenouspeople.net/iroqcon.ht
m
Select one section of this document and
discuss it with a partner
Wrap it Up
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Our Canadian legal system has been influenced
by earlier legal systems
Mosaic Law is the root of three modern religions:
Judaism, Christianity and Islam.
Many modern concepts of law and justice come
from Christian writers and philosophers.
Many people have felt that the Church has a role
in forming the moral framework for law and
government
Today, Western democracies attempt to separate
Church and State. The Church certainly has
played an important role in shaping the heritage,
values and beliefs on which the law is based.
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Canadian juries are a modern version of
Greek juries (accused has the right to be tried
by an impartial jury of his peers).
The Romans are responsible for establishing
the role of lawyers and for contributing to the
French Civil Code, which forms the basis of
the Quebec Civil Code.
The British legal system and its RULE of LAW
and the rule of precedent influenced
Canadian law greatly.
Increasingly, we are recognizing Aboriginal
interpretations of early land claims and treaty
rights and also the sense of justice that
emphasizes community involvement and
habitation.
What Do You Know?
1.
2.
3.
4.
How was trial by oath helping similar to
the jury system of Greek law? How was it
different?
Explain the meaning of “case law” and
how it has evolved since the reign of
Henry II.
Define “rule of precedent”, using an
example.
Describe the importance of the Magna
Carta for the people of Britain.
Assignment One
 Use
the information from the “Historical
Roots” section and create a graphic
organizer that shows the chronological
order of each key area (dates), and the
main points / key words / definitions and
people for each.
 I suggest you use the SmartArt tool from
Microsoft Powerpoint. Submit on paper.
Test
1.
What’s the difference between a law and a rule?
1.
Explain why Canada is unique in having both common and
civil law and briefly explain the difference.
2.
The “Four Agreed Upon Characteristics of Justice.”
3.
Know the basics for each of the following: The Code of
Hammurabi, Mosaic Law, Greek Law (first form of democracy
for “citizen”), Roman Law (code that is now considered the
foundation for modern law, public persecution of crimes,
system of victim compensation, protected the lower classes,
advisor (first lawyers)), French Civil Code (Napoleonic Code):
regulated civil matters, non-technical, spread through Europe
(and French Canada), Britain’s Common Law (case law,
stare decisis, rule of precedent, Rule of Law (Magna Carta),
habeas corpus) and aboriginal law (The Great Binding Law).