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Lecture 1

SSCI 1010U Lecture Notes - Lecture 1: Rulemaking, Legal Positivism, Moral Authority


School
UOIT
Department
Social-Science
Course Code
SSCI 1010U
Professor
Bruce Curran
Lecture
1

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Canadian Legal Systems Lecture 1 01.14.16
Introduction to Legal Studies
The Concept of Law
What is Law?
Rules
Imposed by external body
Enable us to live together
Control conflict
Teaches us tolerance and respect
oOther people
oThe rules?
Instruct us about morality
Compels behaviour
Sanctions if law violated
Force of state used
oCompliance
oSanctions
Features of Legal Rules
Backed or enforced by authority and power of state
Deemed to be important
oPrevent dysfunctional society
Create order and certainty
Prevent violence and fraud
Central
Everybody must be bound
Why Obey Legal Rules?
Sanctions/punishment
Habit of obedience (socialization)
Human nature
oHobbes vs. Locke
Thomas Hobbes
Covenant between ruler and individuals
oIndividuals voluntarily gave up freedom
oRuler could make laws
oRuler could enforce laws
oRuler may use force
We obey the law because…
ofear of disorder
ofear of punishment
1
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