LAWS 1000 Lecture Notes - Lecture 6: Judiciary, Common Law, Centrality

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5 Jun 2018

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LAWS1000

LEGAL CULTURES

Lecture 6

RU““ELL, THE ENVIRONMENT OF CANADA’“ JUDICIAL “Y“TEM

o L’Heueu-Dube – B Reaso of Authoit o B Authoit of Reaso

o Bouhad & Talo, “oietal Nos Offe a Fae of Refeee

o Boos, Liig La o a Liig Eath

• Three predominant environmental influences on Canadian law & legal system:

Socioeconomic Development

Political Beliefs and Ideology

The Culture of the Legal System

SOCIOECONOMIC DEVELOPMENT

• Does not affect legal system in a uniform way

• Urbanization and Industrialization alter relationships in society & thus impact conflict & its

resolution

• Courts assume some of this role, but so do other dispute resolution mechanisms

POLITICAL BELIEFS AND IDEOLOGY

• Increasing respect for liberal ideas of equality, human rights and dignity shape access to

justice (ie, legal aid), the law & legal system

• Distrust of government as guardian of rights shifts this responsibility to the courts

THE CULTURE OF THE LEGAL SYSTEM

• Roots in British common law and French civil law

• Most important common law influences on Canadian legal system:

Centrality of the judiciary

Power of lawyers

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