DCC 2117 Lecture Notes - Lecture 3: Iroquois, Private Law, Roman Law
22 Sep 2017
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Legal traditions: systems of, or approaches to law, sources of legal rules, methods of legal reasoning. Institutional roles: examples, civil law, set of legal traditions derived from roman law, common law, the major legal tradition used in ontario. Intellectual resources from stories to resolve problems and conflicts. Indigenous legal traditions were the first laws that existed in north america. It allows courts, when sentencing people, to take a variety of things into account. When it is an aboriginal criminal, it is necessary to look more towards the traditions, and not looking into imprisonment right away. Instead of relying on different sources, they put it under one book: french settlers brought the customs to what is now known as quebec. In 1763, britain conquered what is now quebec, imposed common law. In a civil law system, judge play an active role in investigation and fact-finding; the judge asks the questions: civil law, in quebec, is for private law issues.
