Chapter 1 Introduction to Law
(2 contrasting theories of law)
1.Natural law(2 steams, religious view and nonreligious)
1 stream of natural law is based on „religious belief‟, when a religion sets moral and ethical
values, it also makes rules of conduct- religious leaders!
2ndstream of natural law is based on „nonreligious belief‟ based on belief that people are
rational and will arrive at the basic principles of justice- ancient Greek‟s!
2. Legal Positivism (law is positively created my man, legal common sense)
Scottish thinker David Hume made significant contribution, Hume identified different
between Physical Laws and Normative Laws.
Physical laws (law of gravity, law of physics) can not be broken and exist out of
Normative Laws , not physical , law made up by government to create standards of
behavior and regulating human conduct.
Hume made distinguished b/w Normative laws themselves- some normative rules were
„LAW‟ cause they created a rule of behavior backed up by punishment and some
normative rules were „MORAL‟ and did not have a punishment if followed.
(LEGAL POSITIVIST- those who insist upon clear distinction b/w law and moral)
Role of Law ( response to human need)
1.Goverence of Conduct
the law is needed to prevent anarchy, to control human conduct to protect society , enforces
punishment for deterrence
2. The Authority of the Government to Act for Benefit of Society
it authorizes government to act for society for benefits such as , providing policing, health
care, fire fighters and education BUT GOVERNMENT STILL FOLLOWS THE „RULE
(Rule Of Law-means that legal principals treat all persons equally under the law , including
the government – NO ONE IS ABOVE THE LAW)
3. Governance of Legal Relationships
Law also governs legal relationships so that people can assure that contracts and promises
made are legally binding and enforced with punishment if some act of breach occurs.
Sources of Law in Canada (3 sources)
1. The Constitution The constitution is the higher law in Canada by which all laws are governed ,
developed in England
(a)Federal and Provincial Powers split by Constitution – Constitution Act of 1867 – both
powers have own jurisdiction (section 91 92)
Ultra Virus- outside jurisdiction
Residual Powers- to the Federal Gov , left over areas
Concurrent Powers- both fed and prov have jurisdiction, fed always overcomes
(b) The Canadian Cha