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Lecture 2

LAW 122 Lecture Notes - Lecture 2: Common Law, Positive Law

Law and Business
Course Code
LAW 122
Reese Simpkins

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Law and Gender Lecture 2
Where does law come from?
Who makes law?
Natural law theorists versus positivists
Natural law=law given to us by nature
Law does not change- stable principles inherent in nature
Ex. Human rights
Positive law made by humans
Canadian Law
2 kinds of law in Canada:
Civil Law (QUEBEC)
Common Law (Rest of Canada and Supreme Court)
Common Law
Originally English form of law
Civil Law
Originated in the Roman Empire
Refers to a written set of codes that form the basis of law
Popularized by France – linked with Quebec
Most widespread from of law
Civil Versus Common
Key differences:
Common law= developed by custom, prior to writing the law
Civil law relies on a very detailed, written code
oWritten part=key to civil law’s popularity
Important aspect of a legal system= predictability
Civil law= predictable because it is written like a syllabus
Common law= predictable because they look at precedents
Law Making in Canada
2 ways to make laws in Canada
Politicians and judges
Federal Example;
3 readings in the House of Commons (elected)
Senate (also 3 readings)
Queen or her representative (Governor General)
Note: no meaningful Aboriginal self-government
Judges Make Law
Original principles of natural law
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