Textbook Notes (369,144)
Canada (162,415)
Sociology (1,112)
SOC 1500 (173)
Chapter 2

Chapter 2.docx

6 Pages

Course Code
SOC 1500
Andrew Hathaway

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Chapter 2 ORIGINS OF LAW  In early societies common custom and tradition were equal to law EARLY LEGAL CODES  Earliest legal codes developed on 2000 BCE called “code of Hammurabi” o Punishment based on retaliation (eye for an eye)  1200 BCE was the “Mosaic code” o Foundation of Judeo-Christian moral techniques used today as well o Prohibited against murder and other crimes  Quran and Roman law EARLY CRIME, PUNISHMENT  Superstitions and fines were executed Wergild: Money paid by the offender to victim  Early Rome they had gladiators who fought in combat and in German law had the hot iron method o If rod had traces of blood, offender was guilty Oath-helpers: During Middle Ages, groups of people support accused innocence  Laws were created and run by the rulers and people in power and tried cases based on local custom. ORIGINS OF COMMON LAW  Common law started in England and standardized law and justice in middle ages (foundation of Canada’s legal system)  Crime and custom o Crimes were personal wrongs. Fines were paid even for homicides unless by poisons. If feed are not paid revenge can be carried out (an Indian movie basically) o This was a precursor of modern day fines. Provide solutions to private disputes  Norman conquest o The Anglo-Saxon justice went around and helped hold trials for people who had committed crimes. o The judge would decide the punishment after hearing citizens. Stare decisis: Principle that courts are bound to follow the law established in previous cases. Unless overruled by authority COMMON LAW VS. STATUTORY LAW Early English law developed by judges and executed by Anglo-Saxons. o Everyday rules for citizens o Offenders to be found guilty must 1) Planned the crime 2) Intentionally killed the victim out of spite or hatred Inchoate crimes: Incomplete or contemplated crimes DEVELOPMENT OF CANADA LAW  Uneven. First Hudson’s bay company than the military.  The police Canada act (1868) and NWMP began to protect Aboriginals  Criminal code of Canada o Continuously updated CLASSIFICATION OF LAW  Laws classified in ways to help understand its nature and purpose 1) crimes and torts 2) indictable and summary offences 3) mala in se and mala prohibitum CRIMINAL AND CIVIL LAW  Criminal law o Public offence. Protect the people. o May result in fines and imprisonment o The government initiates action o Fines go to the state o Guilt is “beyond reasonable doubt”  Civil law is everything but criminal law (property, contract, tort)  Tort law (type of civil law closely similar to criminal law with intent) when individual seeks compensation for personal harm (trespass, assault, libel) o Private wrong o Financial compensation only o Victim initiates action o Both parties may appeal o Victim receives compensation o Guilt is based on balance of probabilities INDICTABLE AND SUMMARY OFFENCES Summary offences: minor offence whose penalty is a maximum 6 mnths in jail o Minor offence (e.g., loitering) o 6 month limitation on prosecution o Heard in provincial court o Maximum fine $2,000 o Max sentence 6 months Indictable offence: serious offence. Penalty for murder. Life sentence o Serious offences (e.g., murder) o No limit on prosecution o Preliminary hearing o May allow for jury trial o May be heard in higher courts o Higher penalties (2 years or more) MALA IN SE AND MALA PROHIBITUM Mala in se: crimes are rooted in core values inherent in our culture o Bad in and of themselves o Consensus crimes o Reflect widespread agreement o Ex. murder Mala prohibitum: crimes defined by current public opinion subject to change o Bad because banned o Conflict crimes o Reflects community standards o Ex. Obscenity FUNTIONS OF CRIMINAL LAW  Criminal codes have several distinct functions o Providing social control  Folkways: customs with no moral values attached, not interrupting people who are speaking  Mores: customs or conventions essential to a community, often form basis of criminal law  Law prohibits behavior that harms people o Discouraging revenge  Delegating enforcement to others. Take the need of revenge away and shits burden to state from individual o Expressing public opinion and morality  Reflect on constantly changing public opinions and moral values (ex. Gambling, traffic law, etc)  Vagrancy: summary offence crime, meant t prohibits homelessness o Deterring criminal behavior  Dete
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