SOSC 1350 Lecture Notes - Lecture 1: Precedent, Positive Law, Common Law
11 Feb 2018
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Natural law = law given to us by nature. Law does not change - stable principles inherent in nature. Positive law = law made by humans. Made through things like codification and legal precedent. Common law (rest of canada and supreme court) Refers to a written set of codes that form the basis of law. Popularized by france - link to quebec. Whole there is 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 law"s popularity. Stare decisis = latin for stand by things decided . Civil law = predictable because it"s written. Two ways to make laws in canada = politicians and judges. 3 levels of government = federal, provincial and municipal. Federal example: 3 readings in the house of commons (elected)
