SOSC 1350 Lecture Notes - Lecture 1: Positive Law, Middle Ages, Individual And Group Rights
20 Oct 2017
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Totality of legal apparatus: police, criminalization & the courts, state policies. Classic debate: natural law theorists versus positivists natural law = god making practicular laws of nature that humans can discover laws given to us from nature. Law does not change stable principles inherent in nature. Example: human rights inherent diginity of the human, being human should not be violated- diverged from natural law. Made through in codification and legal precedent. Natural law, judges, and politicions three sources of law. Two kinds in canada: common and civil law. 2, common law (rest of canada and supreme court) Originally based on english form of law. Countries part of the british empire have common law for the most part. Refers to a written set of codes that form a basis of law. Exists mostly in europe most widespread form of law. Common law = developed by custom, prior to the writing of law (judicial precedent)
