Survivor Island ScenarioSurvivor Island Scenario

You and 7 others survive a plane crash You and 7 others survive a plane crash and have the following items: and have the following items:

2 cases of water, 2 cases of water, first aid kit, first aid kit, 2 blankets, 2 blankets, box of matches, box of matches, 5 chocolate bars, 24 packages of 5 chocolate bars, 24 packages of

peanutspeanuts Some dishes/pots/pansSome dishes/pots/pans

Your taskYour task How will you exist until you are rescued?How will you exist until you are rescued? Who will be in charge? How will the leader be Who will be in charge? How will the leader be

chosen?chosen? What are the actions that the group will take What are the actions that the group will take

to survive?to survive? Rules? Who makes them, how will they be Rules? Who makes them, how will they be

enforced? What happens to those who violate enforced? What happens to those who violate the rules?the rules?

Will it look like this? Will it look like this? http://www.youtube.com/watch?v=zqrREfjDS-chttp://www.youtube.com/watch?v=zqrREfjDS-c

Chapter 1Chapter 1

Rules vs LawsRules vs Laws

- - Rules are not enforced by the courtsRules are not enforced by the courts

- Laws are not optional- Laws are not optional

Laws are an essential component of Laws are an essential component of complex human societies. complex human societies.

A well-developed legal system prevents A well-developed legal system prevents the development of anarchy.the development of anarchy.

RULE OF LAWRULE OF LAW

3 components:3 components:

1.1. Recognition that laws are essential.Recognition that laws are essential.

2.2. Law applies equally to everyone.Law applies equally to everyone.

3.3. No one can have unrestricted power to No one can have unrestricted power to take away our rights, except within the take away our rights, except within the limits of the law.limits of the law.

Roncarelli v. Duplessis, page 13Roncarelli v. Duplessis, page 13

Ashley MacIssacAshley MacIssac

Pg 16Pg 16

Law and MoralityLaw and MoralityLaws may reflect the moral values of the majority of Laws may reflect the moral values of the majority of

society.society.

In a diverse society like Canada, tension may exist In a diverse society like Canada, tension may exist between the law and moral standards in different between the law and moral standards in different communities.communities.

Moral standards of a society change over time. Moral standards of a society change over time. Examples?Examples? ProstitutionProstitution MarijuanaMarijuana AbortionAbortion Drinking & DrivingDrinking & Driving Graduating LicensingGraduating Licensing

Laws may evolve over time, but the process is slow.Laws may evolve over time, but the process is slow.

Law and JusticeLaw and JusticeConcept of justice has changed over time, and is open Concept of justice has changed over time, and is open

for debate as society changes.for debate as society changes.

Equality in all situations may be unjust. When?Equality in all situations may be unjust. When?

Four characteristics of justice:Four characteristics of justice:

1.1. Treat like cases alike, and different cases differently.Treat like cases alike, and different cases differently.

2.2. A law is unjust if it discriminates on the basis of A law is unjust if it discriminates on the basis of irrelevant characteristics.irrelevant characteristics.

3.3. Justice should be impartial.Justice should be impartial.

4.4. Laws must be just by following society’s beliefs and Laws must be just by following society’s beliefs and values.values.

Historical Roots of the LawHistorical Roots of the LawLaws were passed orally down the generations, but as Laws were passed orally down the generations, but as

societies grew, it became important that they were societies grew, it became important that they were codifiedcodified, written down., written down.

1.1. Code of HammurabiCode of Hammurabi- First Codified lawFirst Codified law: governed all aspects of life: governed all aspects of life- Laws were said to be from the godsLaws were said to be from the gods- Very male-dominatedVery male-dominated- Based on Based on retributionretribution and and restitutionrestitution

2. Mosaic Law2. Mosaic Law- Ten CommandmentsTen Commandments- Laws became more specific and focused on Laws became more specific and focused on

deliberate action. deliberate action. First to look at intentFirst to look at intent..

3. Greek Law3. Greek Law- First democracy, but for First democracy, but for citizens citizens only.only.- Citizens expected to participate in decisions. Citizens expected to participate in decisions. First to First to

have jury duty.have jury duty.- The Greeks used democracy to decide the The Greeks used democracy to decide the

punishment. Both the accused and accuser chose a punishment. Both the accused and accuser chose a sentence, and the jury voted. (Socrates)sentence, and the jury voted. (Socrates)

4. Roman Law4. Roman Law- The law must be recorded, and justice was not left The law must be recorded, and justice was not left

only to judges to decide.only to judges to decide.- Public trials, victim compensation, protection of lower Public trials, victim compensation, protection of lower

classes from the elite, and legal experts for counsel. classes from the elite, and legal experts for counsel. First to have Lawyers.First to have Lawyers.

- Codified Roman Law was brought to England and is Codified Roman Law was brought to England and is the foundation of modern law.the foundation of modern law.

5. Justinian’s Code5. Justinian’s Code- Organized and clarified Roman Law into Justinian’s Organized and clarified Roman Law into Justinian’s

Code.Code.- Inspired modern concept of justice (Justinian) and Inspired modern concept of justice (Justinian) and

provided the foundation for much of modern law.provided the foundation for much of modern law.- Created the distinction between Created the distinction between civilcivil and and criminalcriminal

lawlaw

6. Napoleonic Code6. Napoleonic Code- Also known as the French Civil Code (Also known as the French Civil Code (Still used in Still used in

QuebecQuebec))- Spread throughout Europe in Napoleon’s Empire.Spread throughout Europe in Napoleon’s Empire.- Became popular because it was simple to Became popular because it was simple to

understand.understand.- Regulated wills, property, family law and contracts. Regulated wills, property, family law and contracts.

Influences on Canadian LawInfluences on Canadian Law1.1. Early British LawEarly British Law- After the Romans left Britain, the people turned to After the Romans left Britain, the people turned to

local customs.local customs.- Trial by Ordeal: God will save the innocent. Trial by Ordeal: God will save the innocent.

http://www.youtube.com/watch?v=zrzMhU_4m-ghttp://www.youtube.com/watch?v=zrzMhU_4m-g

- In all Trials (by ordeal, oath helping and combat) it In all Trials (by ordeal, oath helping and combat) it was assumed God would save the innocent. was assumed God would save the innocent.

- Today, many of our legal traditions and customs Today, many of our legal traditions and customs come from Britain.come from Britain.

2. The Feudal System2. The Feudal System- The King was the law by The King was the law by Divine RightDivine Right, meaning his laws , meaning his laws

came from God.came from God.- Land was owned by noblemen, and they ruled their land Land was owned by noblemen, and they ruled their land

with their own laws and judgments.with their own laws and judgments.- Some were fair, others not. Eventually, the people rose Some were fair, others not. Eventually, the people rose

up against this treatment.up against this treatment.

3. Common Law3. Common Law- King Henry II created a new system that was consistent.King Henry II created a new system that was consistent.- Circuit JudgesCircuit Judges traveled the country and worked in traveled the country and worked in

courts called courts called assizes assizes..- Judges used common sense, and began to notice Judges used common sense, and began to notice

common elements. They formed common elements. They formed case lawcase law or or common common lawlaw..

- Unusual cases and decisions started the Unusual cases and decisions started the rule of rule of precedentprecedent. This comes from . This comes from Stare DecisisStare Decisis…stand by the …stand by the decisiondecision

4. Legal Reforms4. Legal Reforms

- King Henry then created juries, courts and a legal - King Henry then created juries, courts and a legal system that took power from the king.system that took power from the king.

- If laws weren’t from God, the king was no longer above If laws weren’t from God, the king was no longer above the law.the law.

- The The Magna CartaMagna Carta was created which gave the people was created which gave the people rights.rights.

- This led to the development of the This led to the development of the Rule of LawRule of Law (from (from earlier) and now everyone was equal.earlier) and now everyone was equal.

- The right of The right of habeas corpushabeas corpus prevented people from prevented people from being arrested and imprisoned with proper reason.being arrested and imprisoned with proper reason.

5. Aboriginal Law5. Aboriginal Law

The native nations of North America had laws that were The native nations of North America had laws that were passed orally down generations.passed orally down generations.

There was a strong sense of family, community and There was a strong sense of family, community and spiritual belief in a creator.spiritual belief in a creator.

Around 1450, the Around 1450, the Six NationsSix Nations group codified their laws group codified their laws into into The Great Binding LawThe Great Binding Law..

This law created a complete legal system of rights and This law created a complete legal system of rights and freedoms.freedoms.

Reflecting on Our Historical RootsReflecting on Our Historical RootsAlthough the laws have changed dramatically since the Code of Although the laws have changed dramatically since the Code of

Hammurabi, many traditions are still linked to the past.Hammurabi, many traditions are still linked to the past.

Mosaic Law provides the root of Judaism, Christianity and Islam Mosaic Law provides the root of Judaism, Christianity and Islam which have brought many legal traditions around the world from which have brought many legal traditions around the world from the past.the past.

The Greeks gave us juries of our peers and the Romans gave us The Greeks gave us juries of our peers and the Romans gave us lawyers.lawyers.

The Roman system also formed the basis of the The Roman system also formed the basis of the Quebec Civil Quebec Civil Code.Code.

The British system gave us common law, rule of law and The British system gave us common law, rule of law and precedent.precedent.

Aboriginal legal traditions are playing a larger role in in land claims Aboriginal legal traditions are playing a larger role in in land claims and treaty rights, and are being used to govern communities.and treaty rights, and are being used to govern communities.