CLN4U:
UNIT 1 REVIEW
Major Topics

Four schools of legal thought:
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Natural Law
Legal Positivism
Legal Realism
Critical Legal Theory
R v. Dudley, Case of the Cave Explorers
Sources of Law – culture, history, constitution
Legal Philosophers – know at least 2 from both
natural and positive law
Categories of Law – Substantive or
Procedural, Public or Private
Test Breakdown
Part A: Compare and Contrast (4 marks)
Part B: Fill in the Blank(9 marks)
Part C: Short Answer (6 marks)
Part D: Personal Response (6 marks)
Legal Theories
 Generally,
there are two views of “just
and unjust” that are reflected in our legal
system
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Natural Law
Positive Law
Natural Law

Right and wrong are concepts that are
independent of human experience.
Therefore, the laws proclaimed by
humans who happen to be in control
may not always command obedience.
The explanations of how humans
perceive these never changing
concepts depend on the philosopher
that is being studied. This is called
natural law.
Positive Law

Right and wrong are what we as a
group, culture, nation, or civilization
decide they are. The only way to define
what is just or right or wrong is to look at
what the law says. This is called positive
law or legal positivism.
Philosophers

Know at least the main ideas from a few of
the following philosophers – one from each of
Natural law and Positive law:
Natural Law
• Plato
• Aristotle
• Cicero
• St.Thomas
Aquinas
• R.M. Dworkin
Positive Law
• Thomas Hobbes
• John Locke
• Jeremy
Bentham
• John Austin
Sources of Law
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Religion
Customs and Conventions
Social and Political Philosophy
Constitution
Statues & Regulations
Court Decisions
Schools of Thought: MAIN IDEAS
 Natural
Law
 Legal
Positivism
 Legal
Realism
 Critical
Legal Theory
Categories of Law

Substantive
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Laws whose object is to define rights and
obligations
i.e. making it unlawful to operate a motor
vehicle if the driver has over 80mg of alcohol in
100mL of blood
Procedural
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Laws whose object is to govern how society
enforces those rights and obligations

i.e. dealing with admission of a certificate of
breath analysis to enter blood-alcohol content
into evidence
Categories of Law
 Private
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Legal rules that govern people’s private
relationships
 i.e.
 Public

Law
contract, property, tort, family, corporate
Law
Laws that govern and regulate the
interactions of the state and its subjects
 i.e.
constitutional, criminal, administrative