Law 2101 Lecture 2: Sep 16 - Constitutionalism and the Rule of Law
14 Oct 2015
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Document Summary
Tuesday, september 16, 2014: the canadian constitution. Punish wrong doers: command theory: some laws that were laws were not laws at all, gunman problem: if a gunman threatens you with a sanction, nobody would think that is a law (cid:224) too broad, too narrow: some laws are not captured by the command theory, how you prepare a will, if you want to get married, there are laws (e. g. , you cannot get married if you are already married, not all laws have sanctions as their consequences, guiding behaviour. Tuesday, september 16, 2014: the canadian constitution, preventing undesirable behaviour, securing desirable behaviour, the law guides our behaviour. It enables us to make private, legal arrangements: e. g. , contracts, getting married, transferring property from one person to another, provision of government goods and services, legislations creates institutions and gives them authority and directs them to do certain things, paid for from taxes, settling disputes, judge decides what to do according to law.
