Lesson: 3

Topic: Classification of Law

Objectives:

During this class students will examine the various classifications of law. Students will therefore develop a broad understanding of the various categories under which law can be classified, including:

• substantive and procedural law;
• case law and statute law;
• domestic and international law;
• private law:
  • contract law
  • property law
  • tort law
  • family law, and
  • corporate law

• public law:
  • constitutional law
  • criminal law, and
  • administrative law

Teaching Strategies and Evaluation:

To assist students in exploring the issues outlined above, the class will form into groups in an effort to discuss and answer the following question:

Once the groups have arrived at their respective conclusions, they will share their perspectives with the rest of the class.

Expectations Addressed:

The "Heritage" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this class have been highlighted below.

• 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).

Resources:

Text Reference:
• Chapter #2 (required reading)

Handouts:
• Classifying the Law (PPT)
• Classifying the Law
• foundation of laws

Relevant web sites:

• The Timetable of World Legal History
• The Law Museum