CML 2117 Lecture Notes - Lecture 5: Private Law, Constitutionalism, Primary And Secondary Legislation

• School: University of Ottawa
• Department: Common Law
• Course: CML 2117
• Professor: Benoît Pelletier

Document Summary

Professor james s. philip: a body of rules for the guidance of human conduct imposed upon and enforced among members of a given state . A set of rules which are generally obeyed and enforced within a politically organized society. Philosophical system of legal and moral principles which are derived from concepts of human nature and divine justice (rather from legislative or judicial action) Natural law = law of nature, natural justice, eternal law etc. Without the social contract, it would be a free-for-all. Humans give up some sovereignty to the state and in return the state provides social order. The study of the first principles of the law of nature, the civil law and the law of nations. All precedents from court decisions put together. Has other meanings, not used often (ie: used in perspectives, feminist jurisprudence) Under the doctrine of stare decisis, courts must follow previous judicial decisions when the same points arise in litigation.