home notes - Sources of Law

home notes - Sources of Law - natural law – based on them...

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Sources of Law Common law vs Civil Law Statute, precedent and the Charter Three reasons for the need of law: Protect persons and property. Give Governments the powers to act for the benefit of society in general. Provide a framework that gives us broader freedom of choice. Rule of Law – established legal principles that treat all persons equally and that government itself obeys. Two Main Streams of Law Religious Belief aka Natural Law Religion establishes a set of moral and ethical values, it necessarily prescribes rules of conduct based on these values. Law originated within religious teachings. Religious precepts are considered by those who formulate them to be eternal and immutable truths, so too are the fundamental principles of law –
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Unformatted text preview: natural law – based on them, even though detailed rules and their particular applications may vary as society changes. Fundamental Self Evident Truths Assumption that people are rational and by applying their inherent abilities of reason and logic to their perception of the world they will arrive at basic principles of justice. Legal Positivism Distinction between law and morals . Law are the rules that ‘is’ and are binding. Morals are the rules that ‘ought’ and are not binding though there may be repercussions for their breach. Normative law are the rules made by government establishing standards of behaviour and regulating human conduct. John Austin’s definition of Law – the command of a sovereign....
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