Law Lecture 1

4 Pages
Unlock Document

Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

Lecture one: September 17 , 2013 Quebec has pledged to pass a new law called the charter of values o Makes it illegal to wear religious affiliated clothing for public service workers (government, health and safety officials, police officers, university professors); cannot wear turbans, religious symbols, large, offensive and illegal o Ensures neutrality for the state o An assurance that the government would provide services to citizens in a secular and neutral manner o There doesn’t seem to be an evidence of this problem actually being a problem; no connection with government and its religious beliefs o Criticized for trampling the rights of people and their religions; torn between getting a job or staying true to religion o Could be used as a pre-election strategy; wont ever become a law Law: rules and principles conducting society, in place by the government and can be enforced o Justin Trudeau: laws against civil prosecution o Dr. Morganaller : abortion doctor who was aquitted twice by jury o Tourism falling in Ontario because everything was closed on Sundays: a lot of tourist revenue was lost because only half the weekend would be wasted o Paul Magder’s store was not in a designated area for tourism that Ontario; but all his competitors were open o He opened; went to court all the way to supreme court; they said he was guilty (doesn’t get to choose the laws that he wants to follow); he went bankrupt o Defining law is difficult; there are a number of competing theories o Legal positivists: if it can be enforced, it is a law (Machiellveli) o Natural Theorists: approximation of the law; is divine; must accord with “the law” (religious codes such as the ten commandments, etc.); a sense of law that transcends o Utilitarian: A law is a law if it provides social utility (if its good for society) o The legal realists: the skeptists (depends on what the judge ate for breakfast; whether a judge has a compelling emotion towards a certain case) o So what is law? o Been a debate going on for thousands of years for the most fundamental issues o The law is a moving target; is not just a substance issue, it is also a timing issue (what will the law likely be today versus tomorrow) o The law is a set of rules governing our behavior, set by the government, which are enforced where there a consequences when broken o Distinction between civil law and criminal law o Louisianna practice civil law o Civil law is Quebec; common law is rest of Canada o Civil law is any law that isn’t criminal law o Some very important distinctions  Civil law: parties are you and me, or government and me (can be state or private parties) ; Criminal law is state versus the accused  Criminal law is about punishment, retribution, society expressing its condensation; civil law is more about allocating wealth and property (usually); civil law is generally not about punishment, but there are rare cases such as punitive law (McDonalds case of retribution to be taught a lesson)  Burden of proof is beyond any the reasonable doubt for criminal law; Burden of proof for civil cases are a balance of probabilities; criminal law has such higher burden of proof because the punishments are much higher; Racial biases are also common in making mistakes; setting bar high with technicalities is essential to reduce the number of innocent people  Private law is government not involved; public law is where government is involved We get our law from three main places: o Constitution o The government is not above the law; the government must obey the law o That separates us from the majority of people in the world; many people live in areas where the government can pass whatever laws they want (but not in Canada) o This puts Canada is a very envied position worldwide o Constitution are made up of 3 things: section 91+92, charter of rights and freedoms, conventions/treaties o Divided under federal and provincial law o Section 91 o
More Less

Related notes for Management and Organizational Studies 2275A/B

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.