1.1 - Law...Who Needs It?

What if...

What if people could do WHATEVER they want, WHEN they wanted, WHERE they wanted, and HOW they wanted?  What would society look like?  Chances are, society would look chaotic and disorganized.  Why?  People are different from one another and, if given the opportunity to do whatever they wanted, they would each act only according to their own desires, and not consider anyone else’s desires or opinions.  A society founded on such unregulated behaviour of its citizens would look like complete disorganization, or anarchy.  Anarchy is a state of disorder in a society resulting from a lack of government authority.  No person or property is completely safe in a system of anarchy.

On the other hand, laws exist in society to maintain peace and order in society by establishing a structure of acceptable behaviour. Through this structure, laws are designed to protect people, property, and the rights of people.  For example, consider the fictional survivor-like society that plays out in the book, Lord of the Flies.  When the boys were marooned on the island without any adult leadership or protection, the first structure of their society was one of anarchy.  They all focused only on themselves, leaving it unclear what rights and responsibilities each one had.  Eventually their society evolved, and laws were enacted to keep them safe and provide a society structure with consequences for misbehaviour.  Although their society had begun as anarchy, it evolved into one with a basic functioning system of laws.

Definition of Law

So, what then is law...exactly?  Law may be defined in a number of different ways.  For the purposes of this text however, law is considered to be the enforceable rules made by government that regulate life in society, and which are intended to be fair and apply to everyone equally.

The law in Canada is also framed by these four key characteristics:  the rule of law, freedom under the law, democratic principles, and respect for others.  First, Canada follows the rule of law.  The rule of law is the principle of justice based on the following:  government enacts laws in a clear and transparent manner, laws must be clearly and transparently written and applicable to all, laws apply equally to every individual/organization/level of government and their relationships to one another, and the courts will apply the law equally without influence from political or other power.  Second, in Canada everyone has freedom under the law.  This simply means that every person and organization is subject to the same law.  Third, law in Canada is founded on democratic principles.  Everyone will be heard and everyone's voice has value.  Finally, law in Canada is founded on a principle of equality.  The law applies equally to everyone.  Canadians have many rights and freedoms, but also have the responsibility to treat others with the same respect that they expect.

Law, Morality & Justice

If laws are based on principles of equality and fairness, then it becomes obvious that law and morality are connected.  Morality is a system of values that outlines concepts of right and wrong, as well as good and bad behaviours.  The standards of morality in a society are reflected in the laws of that society.  Every society designs and enforces its own laws, so the laws enacted in a society tend to reflect the standards of morality that the society’s citizens value.  What citizens consider 'wrong' typically finds its way into the laws of their society.

“We demand justice!!”,might be a protest cry heard from a mob of angry demonstrators, but what is this thing called ‘justice’?  Essentially, justice means to act ‘justly’ - an environment of fairness or moral rightness.  So in this way one can see that morality is reflected in justice, and both morality and justice are fundamental building blocks of the law.

Why Study Law?

If the law reflects what society considers to be important at the time, then the study of law is important - allowing citizens to be better equipped to contribute to positive change in the society, as well as to live satisfying and productive lives.  The study of law essentially becomes the study of people, their values, and how they solve conflicts.