LAWS 1000 Lecture 3: LECTURE 3 - Theories of Law
10 Feb 2017
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Security vs. freedom: wearing a security hat vs. religious dress: scc: bhinder v. canadian national railway, kirpan knife in school: multani v. marguerite bourgeoys, ms. ishaq case. Functions essentially the same: coordinate interactions, settle disputes, check deviance, regularize exchanges. Although some distinctions are possible, often conflation of substantive (what?) and procedural laws (how to change what?) Advanced agrarian & early industrial systems economic, educational, & political systems increasingly differentiated from kinship more about functional society. Reflected by increased social complexity: private & public laws become distinct, criminal vs. torts laws also become distinct. Practice of common law provokes greater codification & systematization of laws. From serving the elite more general & engulfing in scope. Specialized legal professionals, & a visible degree of political and national unity. On exam property of conflict: conflicts are getting increasingly professionalized by lawyers. Extensive network of local & national statutes, private & public codes, crimes & torts, common.
