Lesson: 1

Topic: Introduction to the study of law.

Objectives:

During this class students will examine the concept of law itself. Students will explore the natural evolution of law within society, and will examine how the law effects us in our daily lives, and how much we have all come to depend upon it.

Finally, students will develop a number of definitions for the term "law."

At the conclusion of the class, students should have developed an understanding of the following concepts:

• law,
• jurisprudence,
• jurists,
• authoritative principles, and
• the rule of law

Expectations Addressed:

• Sources of Law:
  • trace the development of law from its primary sources in religion, customs, and social and political philosophy;
  • distinguish between primary and secondary sources of law (e.g., constitutions, statutes, court decisions; legal writings);
  • explain the distinctions between common and civil law, substantive and procedural law, domestic and international law, and private and public law;
  • compare various historical methods and systems of adjudication (e.g., trial by ordeal versus trial by combat, adversarial versus inquisitorial systems).
• Theories and Concepts:
  • explain legal concepts such as democracy, justice, equity, equality, rule of law, sovereignty, and primacy of the right;
  • analyse the views of historical and contemporary philosophers of law (e.g., Socrates, Aristotle, John Locke, Jeremy Bentham, Thomas Hobbes, R.M. Dworkin, Henry Shue, H.L.A. Hart);
  • evaluate the strengths and weaknesses of different theories of law (e.g., natural and positive law, legal realism, feminist law);
  • explain the concept of justice as defined by philosophers and legal scholars;
  • analyse contemporary legal situations that raise the question of conflict between what may be legally correct but is generally viewed as unjust.
• Law and Society:
  • explain the interrelation of law, morality, and religion;
  • analyse how society uses law to express its values;
  • analyse contemporary events and issues that demonstrate a possible conflict between the law and societal values.
• Law Reform:
  • evaluate the influence of individual citizens who have fought to change the law (e.g., Dr. Henry Morgentaler, Dr. David Suzuki, Nelson Mandela, Sue Rodriguez, David Lepofsky, Rosalie Abella);
  • assess the role of collective action in changing the law in democracies (e.g., activities of lobby and pressure groups, voting at the polls, citizen petitions);
  • assess the power of the individual citizen to change or modify our laws, and determine under what circumstances individuals have a responsibility to seek legal reform (e.g., civil rights violations, police brutality, privacy issues).

Teaching Methodology and Evaluation:

What is Law? Group Activity

To assist students in exploring the issues outlined above, students will divide into groups in order to complete the following tasks:
 

1. Complete the Student Legal Survey.

2. Complete the post survey questions.

3. Answer the following question: "What is right?"

Resources:

Text Reference:
• Chapter #2 (required reading)

   

Handouts:
• The Nature of Law (PPT)
• Student Legal Survey sheet;

   

Relevant web sites:
• The Jurisprudence Homepage
• The Timetable of World Legal History
• The Law Museum