SOSC 1350 Lecture Notes - Lecture 2: Common Law, United States Constitution, Precedent

• School: York University
• Department: Social Science
• Course: SOSC 1350
• Professor: Reese Simpkins

Document Summary

Classic debate: natural law theorists versus positivists ral) Natural law: law given to us by nature. Law does not change- stable principles inherent in nature. Law is made through things like codification and legal precedent. Common law (rest of canada and the supreme court) Refers to a written set of codes that form basis of law. Most common because it is all written down so it is much easier to follow. In canada, as a whole there is a primarily a common law system with a mix of common and civil law in quebec. Common law developed by custom, prior to the writing of law. Civil law relies on a very detailed, written code : - written part- key to civil laws popularity. Common law- predictable because of doctrine of precedent. Two ways to make law in canada: politicians and judges. 3 levels of government: federal, provincial, and municipal. 3 readings in the house of commons (elected)