LAW 122 Lecture Notes - Lecture 2: Common Law, Positive Law
30 Mar 2016
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Document Summary
Law does not change- stable principles inherent in nature. Common law (rest of canada and supreme court) Refers to a written set of codes that form the basis of law. Popularized by france linked with quebec. Common law= developed by custom, prior to writing the law. Civil law relies on a very detailed, written code: written part=key to civil law"s popularity. Civil law= predictable because it is written like a syllabus. Common law= predictable because they look at precedents. 3 readings in the house of commons (elected) Original principles of natural law: judges discover law, they do not create it, precedent= natural law, unchanging. Main criticism of common law systems= rigidity: partly purposeful-> predictable, law needs to be predictable so people are not caught off guard, law primarily made by legislatures, example: ccrf. Rule of law and everybody is equal to the law. How the law sees itself? **: unbiased, fair, impartial, neutral.
