Law and Morality

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-Pages
10 to 19
-Homework:
Questions 2 to 5, page 20
Carjacking
An elderly lady did her shopping and, upon returning to her car,
found four males in the act of leaving with her vehicle. She
dropped her shopping bags, drew her handgun, and proceeded
to scream at them at the top of her voice, "I have a gun and I
know how to use it! Get out of the car, you scumbags!"
The four men didn’t wait for a second invitation, but got out and
ran like mad.
The lady, somewhat shaken, proceeded to load her shopping bags
in the back of the car and get into the driver’s seat. She was so
shaken that she could not get her key into the ignition. She tried
and tried, to no avail.
And then it dawned on her why.
A few minutes later, she found her own car parked four or five
spaces farther down. She loaded her bags into her car and drove
to the police station.
The sergeant to whom she told the story nearly tore himself in two
with laughter and pointed to the other end of the counter, where
four pale males were reporting a carjacking by a mad elderly
woman described as white, less than five feet tall, glasses, curly
white hair, and carrying a large handgun.
No charges were filed.
What is law?
 Social necessity – A civilized society’s attempt to
regulate life in society by the principles of reason and
fairness as opposed to brute force.
 Regulate our activities
 What the elected political party / courts says it is
 Law evolves
Laws vs. Rules
Page 13
Purpose of Laws
Laws
-serve a practical purpose (regulate traffic)
and
-reflect the moral values of society
Rule of Law – A 3-part principle of
justice
1.
Individuals must recognize and accept that the law is
necessary to regulate society.
2. Law applies equally to everyone.
3. No one in our society has the authority to take away
our rights except in accordance with the law.
 Read the case on page 15. Answer the questions.
Moral - Webster's Dictionary defines "moral" as
relating to, dealing with, or capable of making the
distinction between right or wrong conduct;
principles, standards and habits with respect to right
or wrong in conduct.
Values - Webster's Dictionary defines "values" as the
social principles, goals or standards held or accepted
by an individual, a class, or a society.
Think about and come to an
agreement:
 If a boy or girl sends his or her naked to his/her friend,
should it be against the law for that friend to repost it?
 Should abortion be a medical or a criminal matter?
 Should parents be allowed to use corporal punishment
on their children (spanking)?
In a large society like Canada with people of many
different backgrounds, cultures, beliefs and ideas, it
can be difficult to find common ground, to agree on
what the society’s moral values are.
Tension
 In a multicultural, democratic society, tension may
exist between the lawmakers and personal or
community standards of right and wrong.
 Tension will also exist among community members
over what is right and wrong. It is also difficult to
determine what the community standard is.
 http://bc.ctvnews.ca/b-c-born-nhl-player-draws-fire-
for-killing-grizzly-bear-1.1440213
 http://www.youtube.com/watch?v=gXCTAO1N6bg
 http://www.youtube.com/watch?v=ZruMTCnq39k
In Canada
 Laws are an attempt to represent community
standards and reflect our shared values, beliefs and
attitudes.
 If we do not agree, we are free to make our views
known and to try to change the law. HOW?
There will be a question on your test about how to make your views
known if you want to have a law changed.
Law and Justice
 What is a “just society”?
 What do we mean when we say “justice for all”?
The concept of justice changes
over time and between societies:
 In most ancient civilizations, inequality was not
considered unjust. Society was structured based on a
hierarchy.
 In many countries today, a similar hierarchy exists.
 In our society, we want equality under the law.
R. v. Dudley and Stevens (1884), 14
Q.B.D. 273 (text)
 What does this case tell you about law and morality in
England at that time?
 What would your verdict have been if you had been a
member of the jury?
Four Characteristics of Justice
in Canada
 We should treat like cases alike and different cases
differently.
 Laws are unjust if they discriminate on the basis of
irrelevant characteristics.
 Justice should be impartial; laws should be applied
regardless of a person’s position or financial status.
 Laws should follow society’s values and beliefs.
Chad Kroeger (Nickelback)
 What was Kroeger convicted of? What was
his punishment?
 What was the argument made by Kroeger’s
lawyer?
 In your opinion, was Chad Kroeger treated
any differently because he is a celebrity?
The Rule of Law – a 3-part principle
of justice
1.
Individuals in a society recognize and accept that
laws are necessary to regulate society.
2. The law applies equally to everyone, including heads
of state, judges, police.
3. No one has the right to take away our rights except in
accordance with the law.
(See Duplessis, page 15)
Questions for homework (to hand in
tomorrow)
 Questions 2 to 6, page 20
 The case and questions on page 19
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