Canadian Justice System Essay Research Paper IntroductionSince

Canadian Justice System Essay, Research Paper

Introduction

Since the dawn of our existence, when we had the freedom to pretty much do anything our inventive minds could conjure up, there arrived a changing point when our ideas went too far or too extreme. There were actions that people of the past and present societies couldn t accept because it felt wrong in every way. This led to a rule called a LAW. All of the countries, states, provinces, and small communities have these laws which keep us under control and keep an orderly society on our planet. Without it there would be chaos and of devastated world.

Concept of Law

First lets define what a law actually is; a law is a body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members. The purpose and functions of law have varied throughout history. In today s society, a politically appointed body of systems lies out or makes the rules that can be agreed upon the standards in society. Laws are in a written form, which has the appropriate punishment that meet, the type of crime. Laws serve a variety of functions. Laws help to maintain a orderly, relatively stable society. Courts provide a social stable existence for us by resolving disputes in a civilized manner. Property and contract laws assist business and private conduct. Laws also limit the potential powers that the government could have to help provide some degree of freedom to society. Law can also been used as a stepping-stone for social change; for instance, some laws have been passed to control the social world and to improve the quality of individual life such as health, education, and welfare.

Substantive and Procedural Law

Substantive law is defined as the rights and duties of persons and deals with procedures for enforcing those rights and duties . Substantive law covers a wide variety of matters – for example; what is required to form a contract, what the difference is between theft and break-in, when one is entitled to compensation for an injury, and so on. These rules of procedure and authority determine the courts that may handle a claim or dispute; in others words these are what are called small claims court.

Public Law

Public law concerns the relationships within government and those between governments and individuals 2. Public law is usually not codified.

Private law

Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves 2. Private law deals with rules and principles over private property and use of property, contracts between individuals, family relationships, and give out the compensation for harm inflicted against a person by another. Government involvement was usually minimal. Private law also was there to provide guidelines and security in private arrangements and interactions in ways that are acceptable to certain moralities and customs, but that are not necessarily enforceable in a court of law, such as non-contracted areas and agreements within an a agreement of private individuals.

International law

The legal process that concerns relations among nations is called international law 3. International law dates back from the days of the Roman Empire. International law is almost entirely based on customs. The requirements on which it rests are the acts of independent governments in their relations with one another, including treaties and conventions. Behind many of its rules is only the public opinion of the civilized world.

Origin of Law

Some say that the origin of law can be traced by to the Roman Republic in the 6th century BC. The laws of this time were principles that were inscribed in the Twelve Tablets, which was the basis for all Roman laws. An early magistrate office called the praetorship the source of laws that were used came from the Twelve Tablets. In the 6th century the Roman law was to be reunified as result from the invasions in the 5th century, which tore the law into eastern and western sections. The Roman Empire was reconquered in the last half of the 6th century, which the new rulers did not completely adopt, and thus took local laws and their laws together fused as one. Heading into the 11th century, when war faded out, academic interest in law developed. These scholars sought to the study of law as a science by interpreting and analyzing the Roman law. Beginning in the 13th century, a group known as the Commentators attempted to blend the interpretations of the Roman law with more customary law or religious law. The Commentators focused on the development of a complete legal theory. At this same time, the Roman law began to be more commonly enforced as the legal authority in France and Italy. The revival of the Roman law tradition eventually formed the basis for a common legal language throughout Europe. The rise of nationalism that began in the 18th century led to the adoption of distinct civil codes for each European country, of which the French Code Napol on of 1804 is the most famous. In the early 1900s Switzerland and Germany adopted similar codes. The subject matter of all these codes is almost identical with the first Roman law.

Development of Law

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