Chapter 2: The nature of law

Key Concepts:

3. Legal philosophers:

a) Civil law: Socrates, because he advocated blind obedience to the law which is an integral part of the positive law that forms civil law.

b) Canon: St. Tom Aquinas, because he was an active supporter of the Church.

c) Utilitarianism: Jeremy Bentham because he believed that the law should be judged by how well it served its purpose.

5. The context of the word "law":

>> The ultimate legal concept, e.g.

>> The legal operating system, e.g. penal & judicial subsystems.

>> A collection of substantive regulations, e.g. Charter of Rights & Freedoms.

6. A rule is a law if...

...it is mandatory within a certain geographic boundary.

...it entails a formal network of enforcement bodies & an organized set of enforcement procedures.

...it includes a set course of action in the event of being violated.

7. Law is required...

...to protect us, our rights & our property.

...to resolve commercial & civil disputes in a peaceful & orderly way.

...to reinforce & execute social objectives.

8. Social values & the law:

a) As our society progresses, our laws adapt to accommodate our way of life & our worldview, e.g. the speed limit goes up with increased road safety.

b) Laws tend to be our means of ensuring that our values are respected by everyone who is part of the society.