Law 12
Law, Justice and Morality
Justice

What is just?
Justice

Is it “just” that people who commit crimes
should have to pay for the damage they
cause?

California Restitution Law
Justice
 How
important is fault?
 Is
someone with a mental disorder at
fault?
 Luka
Magnotta
 Blame
- Radiolab
Justice
Treat like cases alike and different cases
differently
 Don’t discriminate on the basis of
irrelevant characteristics
 Justice must be impartial (regardless of
position or status)
 Law must conform to society’s standards
or beliefs

Morality
 What
are the sources of moral
values?
Morality
 What
are you okay with?
 Dilemma
Areas
Sexuality
 Drugs

 Evolving
Standards
Historical Roots
 Napoleonic
Code (1804)
Commissioned by Napoleon
 Combined Justinian Code and
Germanic Law
 Spread as he conquered
 Still the basis of French law (and
Quebec’s) today

Influences on Canadian Law
 British
Law is most significant
 Right down to courtroom setup
Quick Review -- Questions




What is a codified law?
Name two examples of codified laws.
What is the difference between restitution
and retribution?
Whose name gave rise to the word
“justice”, and why?
Quick Review -- Answers




Codified means written down and numbered (listed).
Code of Hammurabi, Mosaic Law, Justinian’s Code,
Napoleonic Code, Criminal Code, Human Rights
Code
Restitution seeks to restore the victim; retribution
seeks to punish or exact vengeance on the
wrongdoer.
Justinian I (Byzantine Emperor 529 AD). He created
Justinian’s Code
British Law

Originally Roman Law (43 - 410 AD)
British Law – Dark Ages

Trial by Ordeal

Relied on torture and “God’s Judgment.”



Trial by hot iron, trial by hot water, trial by cold
water
Outcome would determine guilt or innocence
Trial by Oath Helping


Less serious charges
Line up friends to swear you wouldn’t do that
British Law – Dark Ages

Trial by Combat



Introduced by Normans (1066)
Duel to prove guilt or innocence
Practice of hiring a “representative” developed
British Law

The Feudal System





1066 – William the Conqueror invades
Rule by “Divine Right”
Feudal system was instituted
Local lords decided disputes
Inconsistent Law
British Law

Henry II (1154-1189)





Sought consistency
Appointed first judges
Travelled from place to place
No codified laws so judges relied on existing
traditions and sense of fairness
Judges noticed similarities and decided that
similar cases should be decided in similar ways.
British Law



Judges began recording cases and
decisions to assist
Gave birth to “case law” or “common law”
(information was common to all
Rule of precedent or stare decisis arose
The Rule of Law



King John (son of Henry II) was forced to
sign the Magna Carta in 1215
The King was now bound by the law
The origin of the “RULE OF LAW”


The law rules, not the king
Also recognized habeas corpus (right to
appearance in court within a reasonable
time)
The Rule of Law
1.
2.
3.
The law is necessary to regulate society
(Manitoba Languages Act Case)
The Law applies equally to everyone and
no one is above the law
No-one can exercise unrestricted power
and take away our rights except in
accordance with law (Roncarelli v.
Duplessis p.15)