Our Legal Heritage

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Our Legal Heritage
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Record
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Studying Law

• What is the punishment for murder?
• No blanket punishment- depends on several
  factors
• Studying law will require you to look at 2 sides
  of an issue even if you only want to look or
  listen to one. You need to have an open mind. Try
  not to rely on your morals, simply focus on what
  the law has to say about the problem.
• - What actually happened?
• - Who are the key participants in the case?
• - What laws are involved?
• - What is the argument?

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What law(s) can you think of that might apply to
this construction site?
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What law(s) can you think of that might apply to
rollerblading in the park?
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What law(s) can you think of that might apply to
this traffic scene?
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Terms

• Justice
• fairness judgment by legal process
• Injustice
• a lack of fairness to judge a person unfairly
• Can you think of an example of an injustice?

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True or False?

• All dogs are animals, but all animals are not
  dogs.
• All laws are rules, but all rules are not
  laws.
• Students are to read Rules versus Laws on
  the bottom of page 10 and the bottom of page 11
  What is Law?

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Which are RULES and which are LAWS?

• No Smoking on school property.
• - Was a rule, now a law!
• 2. Getting your homework in on time.
• - Rule
• 3. Wearing your seatbelt in the car.
• - Law it can be enforced
• Not being permitted to purchase cigarettes under
  the age of 19.
• 5. Not wearing hats in class.
• - Rule

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• 6. No hunting deer without a license.
• - Law you can be fined for doing otherwise
• 7. Putting your garbage in the container at the
  bus stop.
• -Law (littering)
• 8. No fortune telling for money.
• -Law municipal
• Turning off your cell phone at the movies.
• - Rule
• 10. No swearing at your teachers
• -Generally a rule, BUT if public profanity is
  prohibited within the community, the courts will
  enforce this law. However, if any comments defame
  the character of the teacher, the teacher can sue
  for slander.

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• Sixteen-year-old Canadians cannot vote, but they
  must obey the laws of the country, even if they
  may not agree with them.

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• Turn to page 12 in your text. Look at the photo.
  Record any laws which apply to this traffic
  scene.
• Answers
• No stopping in the left lane
• No parking in the right lane
• No stopping between 7am and 9am on weekdays
• No stopping within 9 meters of the crosswalk
• No driving into a one way street
• Cyclists must obey traffic laws

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(Notes)The Need for Law

• Laws allow us to live in a peaceful and safe
  society. Laws protect us from violence. The
  courts provide a place for disputes to be settled
  with structure and safety not in the streets.
  Some societies enforce law through intimidation
  and citizens can be imprisoned without a trial.

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Homework

• Write a response to the following question
  (minimum ½ page)
• What is the meaning and function of law in
  Canadian society?
• Why do all societies need laws?

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Location of Singapore
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Some interesting facts about Singapore

• Singapore consists only of one main island and 63
  other tiny islands. Most of these islands are
  uninhabited.
• Singapore is among the 20 smallest countries in
  the world, with a total land area of only 682.7
  square kilometers. The USA is about 15,000 times
  bigger.
• Apart from Monaco, Singapore is the most densely
  populated country in the world, with 6,430 people
  per square kilometer.

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Learning about Singapore

• Silently read the text on Laws in Southeast
  Asia.
• Record 5 or more pieces of thinking!
• Read the story of Michael Fay and compete
  assignment.

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Some more thoughts to explore

• For what reason do you think Michael Fay
  vandalized property?
• What do you know about cars in Singapore?
• They are very expensive! They will cost you
  about 70,000 CDN dollars for a tiny subcompact
  car. A mid-sized car in the US that you could buy
  for 12, 700 CDN would cost 100,000 in
  Singapore. Vandalizing peoples cars is
  equivalent to breaking into someones home and
  damaging it. People in Singapore work years to be
  able to buy a car and/or pay it off. Therefore,
  this type of vandalism shows an extraordinary
  lack of respect.
• Was it right for the US to lobby for a lesser
  sentence for Michael Fay?
• Michael Fays friend from Singapore received the
  full sentence. Was this fair?
• Lastly, some people in the US complained that
  caning was inhumane treatment, yet the US still
  practices the death penalty in several states- is
  this a case of the pot calling the kettle black?

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Rule of Law

• There are three parts to this principle of
  justice.
• 1) Individuals must recognize and accept that
  laws are necessary to regulate society.
• 2) It means that the law applies equally to
  everyone no exceptions!
• 3) No one in our society has the right to
  exercise unrestricted power on their own. It must
  be done through the courts and in accordance with
  the law.

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Which scenarios follow the Rule of Law?

• An off-duty police officer is not charged by a
  fellow officer for speeding.
• The premier is charged for assault after pushing
  a protester out of the way.
• A local politician gets his or her lawn cut by
  the parks and recreation department staff.

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Roncarelli v. Duplessis (1959)(read p.13)

• Explain which aspect of the Rule of Law Duplessis
  violated.
• If the court had found in favour of Duplessis,
  what might the public have thought of our justice
  system regarding the Rule of Law? Might this have
  had an impact as to how people conduct
  themselves?

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MacIsaac Discharged for Fiddling with Pot
(page 16)

• 1. What was the charge against Ashley MacIsaac?
• Possession of Marijuana (under the Controlled
  Drugs and Substances Act)
• 2. What was Ashleys punishment?
• None. He received an absolute discharge.
• 3. What do you think about the judges decision?
  Was justice served? Connect this to the Rule of
  Law.
• It would only be fair or just treatment if other
  people possessing marijuana as Ashley did,
  received the same treatment. We know that this
  was not the case. The judge did not abide by the
  Rule of Law principle that everyone should be
  treated equally for like cases. He also abused
  his own power by letting him off the hook just
  because of who Ashley is.

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Knowing what is right Doing what is wrong?

• Group Activity (groups of 3)

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Law and Morality

• Not all people will agree on laws. Some laws
  conflict with our morals. Regardless of a
  persons opinion of the law, they are to abide by
  it or face arrest if they are caught breaking it.
• Example I may have a friend suffering from a
  terminal illness and he/she may want me to help
  him/her die. Although I understand the struggle
  and motives of my friend, assisted suicide is
  against the law and if I get caught helping my
  friend, I may face murder charges.

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How our Morals Shape Laws

• It is the job of politicians to create and amend
  (change) laws. Politicians are to listen to the
  people they represent and later voice the
  concerns of the people when they meet.
• Laws created reflect the wants, needs and morals
  of people at the time. For example, people write
  letters, phone their MLA, hold protests or sign
  petitions to get the attention of their local
  politician so that he/she can present the matter
  at a Town Council meeting/Province
  House/Parliament.
• All politicians representing the area discuss
  the concerns brought forth. These discussions may
  result in laws being created or changed.

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A matter of morals

• "Your spouse has become nervous wreck since she
  began day trading on the Internet. But she made
  10K in a month. Do you make her stop?
• 2. "The teacher asks if you wrote your son's book
  report. Your son claimed he did it but the
  teacher's right. Do you admit it?
• 3. "You've sold your house. Before you move out,
  the roof starts to leak. Do you have it fixed?
• 4. Your fiance gives you a new video camera as a
  gift. When you agree to break off the engagement
  you're asked to return the camera. Do you?

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A matter of morals

• Write the numbers 1-4 on your paper. Answer each
  question by writing YES, No, or DEPENDS.
• 1. "Your spouse has become nervous wreck since
  she began day trading on the Internet. But she
  made 10K in a month. Do you make her stop?
• YES 48 DEPENDS 35 NO 17
• 2. "The teacher asks if you wrote your son's
  book report. Your son claimed he did it but the
  teacher's right. Do you admit it?"
• NO 67 YES 23 DEPENDS 10
• 3. "You've sold your house. Before you move out,
  the roof starts to leak. Do you have it fixed?
• YES 34 NO 33 DEPENDS 33
• 4. Your fiance gives you a new video camera as a
  gift. When you agree to break off the engagement
  you're asked to return the camera. Do you?
• NO 78 DEPENDS 13 YES 9

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Case R. v. Dudley and Stevens (1884)(Page 15)

• Analysis
• What does this tell you about law and the morals
  and values of the people in England during this
  period?
• It is obvious that the people of England and
  their moral values were different from that of
  the law. Perhaps if the sailors were treated to
  imprisonment rather than killed, society might
  not have disagreed with the law as much.
• What would your verdict in the case be? Why?
• 3. Can the actions of the sailors be justified?
  Explain.
• Actions justified because
• -no other alternative existed
• - to abide by the law was impossible because all
  three sailors would have died. They were saving
  their own lives.
• Actions not justified because
• -intentionally killing another person is a
  crime- the law must be applied equally to all
  people
• - we do not have proof that there were no other
  alternatives available to sustain their lives

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• Would you prefer to be treated EQUALLY or FAIRLY?

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Discussion Questions to Ponder

• Would it be fair to treat all students the same
  regardless of their learning abilities? What
  might happen if we did?
• Is it fair to treat physically able people the
  same as those with physical disabilities all the
  time? How could this idea put some people at a
  disadvantage?

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Law and Justice

• Most Canadians believe that justice means
  equality. This means that all people will be
  treated equally. But there are some cases where
  circumstances must be taken into consideration so
  that a person is treated justly or fairly.

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To be treated fairly, one must

1. Carefully evaluate the circumstances of the
   problem and the person who is accused of wrong
   doing.
2. Not discriminate against another person on the
   basis of irrelevant characteristics regarding
   skin colour, religion,etc.
3. Apply the law regardless of position of financial
   status.

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• Fair does not mean equal.
• Agree or disagree?
• Provide an example to support your thinking.

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History of Law
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Law and Civilizations

• Laws in the form of community enforced rules have
  existed since people began to interact.
• Most were based on common sense and passed on by
  word of mouth.
• As populations grew and laws became more complex,
  the need to record laws in writing increased.

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For your information

• B.C.E.
• "Before common era." This abbreviation has come
  to replace the previously used B.C. ("before
  Christ"), and covers the period of history prior
  to the birth of Christ.
• C.E.
• C.E. "Common era." This abbreviation came to
  replace the previously used A.D. (anno Domini,
  Latin for "in the year of the Lord") because of
  new knowledge regarding the date of the Christ's
  birth. The common era covers the time from
  Christ's birth to the present day.

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Code of Hammurabi (1792-1750 BCE)

• One of the earliest known sets of recorded laws,
  written by King Hammurabi of Babylon
• He codified, or recorded, the rules and penalties
  of every aspect of Babylonian life.

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Code of Hammurabi

• Laws reflected a patriarchal, male-dominated
  society
• Higher members of society would be punished,
  however women or slaves actually receive
  retribution
• No distinction was made between an accident and a
  deliberate action.

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Code of Hammurabi

• Many of the laws were based on RETRIBUTION- an
  eye for an eye type of justice
• Other laws focused on restitution, meaning a
  compensation payment would be made to the victim.

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An Eye for an Eye

• Many of the ancient laws were based on an eye
  for an eye philosophy to ensure that justice was
  done and that no vengeance was exacted by the
  parties who had been wronged. Which of the
  following laws reflect this philosophy?
• If a man knocks out the teeth of his equal, his
  teeth shall be knocked out.
• If a builder builds a house for someone, and does
  not construct it properly, and the house which he
  built falls and kills it owner, that that builder
  shall be put to death.
• If anyone hires oxen, and kills them by bad
  treatment or blows, he shall compensate the
  owner, oxen for oxen.
• If anyone is committing a robbery and is caught,
  then he shall be put to death.

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Mosaic Law (1250 BCE)

• One of the greatest influences of modern law in
  Canada in biblical law
• Also known as Hebrew Law or Mosaic law, these
  laws are often referred to as the Ten
  Commandments
• Recorded in the Book of Exodus

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Mosaic Law (1250 BCE)

• Basic principles are similar to the Code of
  Hammurabi yet the laws had evolved
• Law was more concerned with punishing deliberate
  actions instead of accidental acts of harm
• Punishment focused on the offender and not
  someone of lesser status

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Do you know the Ten Commandments?

• Video The Ten Commandments Challenge

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• The Ten Commandments Law Connection Test

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Greek Law (400 BCE)

• First form of democracy was born in Greece
• Greek law promoted citizen involvement in running
  the country
• Voting and Jury Duty were both major
  responsibilities for citizens
• Sentencing was also democratic

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Roman Law (450 100 BCE)

• There were two basic principles to Roman Law
• 1) The Law must be recorded
• 2) Justice could not be left in the hands of
  judges alone to interpret

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• Roman laws were codified and could be revised
  when necessary
• The Twelve Tablets dictated the law of England
  and is considered the foundation of modern law
• The practice of having a legal advisor who
  specializes in law first occurred

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• The Twelve Tablets Promoted
• Public Prosecution of Crimes
• A system of victim compensation
• Protected the lower classes from the ruling
  classes
• Women, however, were not mentioned as they were
  not considered persons!

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Justinians Code (527- 565 CE)

• Byzantine Emperor Justinian I commissioned the
  clarification and organization of Roman Law
• A new body was completed in addition. This was
  called Justinians Code.
• It formed the basis for civil law.
• The word justice comes from his name.

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Napoleonic Code (1804)

• The Napoleonic Codes non-technical style made
  laws accessible to the public
• Also known as the French Civil Law
• Regulated Civil matters such as property, wills,
  contracts, and family law.

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Key Vocabulary

• Codified Laws which are arranged and recorded
  systematically
• Retribution Justice based on vengeance and
  punishment
• Restitution Payment made by the offender to the
  victim of a crime.

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Historical Roots of Law

• Laws have existed for many years. Laws have
  changed as society has changed. Some laws have
  become more complex and some have even been
  eliminated. By reading about the past, you will
  discover the impact the past has had on Canadas
  present legal system.
• Read pages 17-23 and answer the following
  questions.
• 1. What were the Great Laws of Manu?
• 2. Identify one of the earliest-known written
  legal codes.
• 3. The text states the many of Hammurabis laws
  were based on retribution. What does this mean?
• 4. What does the term restitution mean? Give an
  example to support your definition.
• 5. Name the set of laws found in the book of
  Exodus in the Bible.
• 6. Which society had the first paid legal
  advisors?
• 7. How did the Justinian and Napoleonic Codes
  contribute to the development of modern law?

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• In medieval Europe and England, people were very
  religious. Everyone assumed that God would
  protect people from harm. So, when a legal case
  was hard to decide, the judge would sometimes
  order a new trial to be "decided" by God.

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Way Back When

• Trial by ordeal
• This trial required a person to undergo
  torture to determine guilt or innocence.
• ExampleTrial by fire (hot iron)
• Trial by water
• (If the accused sank, the verdict was innocent,
  but the accused often drowned before being
  rescued. An accused person who floated on the
  water was pronounced guilty because water was
  considered a symbol of purity that had rejected
  the accused.)

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• Trial by Oath Helping
• (often used for less serious offences) This
  required friends of the accused to swear on the
  Bible indicating that he or she was innocent. If
  the friend(s) agreed to do it, then the accused
  was freed. Sound easy? No! People feared that God
  would punish them if they lied under oath, so
  they wouldnt chance telling a lie!

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• Trial by Combat
• determining guilt or innocence by having the
  parties fight a duel. It was thought that God
  would be on the side of the innocent party and
  that the innocent man would win.
• In Canada, extending or accepting a challenge to
  fight a duel is a criminal offence that carries a
  penalty of imprisonment for up to two (2) years.

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Purging by Water(Trial by Ordeal Page 25)

• Unfortunately many innocent people ended up
  either confessing or dying because of the
  ordeal.
• - Explain.
• Important Term
• Habeas Corpus
• a court order designed to prevent unlawful
  arrest by ensuring that anyone detained by police
  is charged within a reasonable amount of time.

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Consider This!

• Adil breaks into a neighbors home and steals
  some goblets and jewellery. Adil blames a friend
  for the crime. The friend has now been charged
  with a crime for which he may be put to death.
• 1. If Adil is caught telling lies about his
  friend, what, according to Babylonian law, will
  happen to him? Would this behaviour be an offence
  in Mosiac Law?
• According to Babylonian law, since the punishment
  for theft from a neighbor was death, then the
  punishment for false accusation of theft was also
  death. According to Mosiac Law, giving false
  testimony was forbidden, so Adils behaviour
  would be considered an offence in Mosaic Law.
• 2. The judge who hears the case against Adils
  friend finds him guilty. Later he changes his
  mind about his verdict. What would happen to this
  judge according to the Code of Hummurabi? Would
  the judge be punished in Mosiac Law?
• The judge would probably be publicly removed from
  the judges bench for life. Under Mosiac Law, an
  accidental act of harm (mistake in judgment) was
  not as great as a concern as punishing a
  deliberate action. Therefore, the judge would not
  likely be punished for a mistake in judgment.

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A Dash for Loose Cash A Question of Ethics!

• Group 1 A crime is defined as An act which
  harms the public welfare and is made unlawful by
  a government. Was picking up the money a crime?
  Why in this situation, was the temptation so
  great, to take the money and run?
• Group 2 Why did the papers report the average
  household income in their reports of the story?
  Why? Also, Are there people who steal whether
  they are rich or poor? Explain.
• Group3 When the news of the Guardian Armoured
  Truck happening hit the newspapers, a journalist,
  Susan Ager, wrote about a similar situation which
  occurred to her and her husband in 1985 while
  traveling in Peru. Her husbands money (25) was
  scattered all over the street when his pockets
  were torn by some thieves. That amount of money,
  in such an impoverished country, could have fed
  an entire family for a month. But, to Agers
  amazement, the people scrambled to pick up every
  cent and return it to her husband. She asked this
  question Why were these people so different?
• Group 4 Was it wrong for those people to take
  the money? Discuss it with your group and see if
  you cant all agree on an answer to give to the
  class. This case is an example of WHITE COLLAR
  crime. Can you guess what white collar crime
  means? Give another example.