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Law Class 3.docx

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Carleton University
LAWS 1000
Betina Kuzmarov

Law Class 3ReviewintrothLegal positivismtheory of law that developed from the 19 century on that said law was about social facts Proper social facts within a given legal system are law Identify facts that are considered law and passed with authority Positivismformalismwhat is formalism exactly It is a process of legal reasoning that says that law should be political it is confined to determine the meaning of law from the text of the law and its about classifying law in the correct legal category All of those together is applying taxonomy Legal systems need institutions procedures and rules Types of law civil common case law precedent private law public lawLectureSources of law constitution legislation criminal code international law precedents customs case law decrees or executive orders in CanadaA source of law is something that provides authority for legislation and for judicial decisions a point of origin for law or legal analysis Each legal system may have valid sources of law in places where customary law is common past practice may be common in place of lawTwo meaning of sources of law NonlegalThe law is a historical fact Past practices like lining up at a bus stopLegalThe law is considered a law within the given legal system The valid source of law established by the authorities Different for every country Childrens literature can be a source of law because of lessons and morals at the end of the book Can teach children how to problem solve According to Heart childrens books are a nonlegal source of law it is a custom Legal sources are formal Legal and nonlegal sources are different because legal sources are defined by the stateHow did we establish the state law that we consider to be the valid sources of law in Canada Canada was a legal transplantation the moving of a system of law from one country to another Indigenous systems of law that existed in Canada prior to European colonization were largely ignored in favor of imposing European lawLegal transplantation also says that systems will share
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