Jurisprudence

  • Juris- of law or of right
  • Prudens/Prudentia-knowledge or skill of the law.
  • Science or Philosophy of the Law
  • Dealing with concepts, principles, notions of legal thought
  • Look below surface of laws, court decisions and legal institutions
  • Historical and Philosophic Roots
  • Legal Matrix= Puzzle
  • Interlocking Concepts, theories, principles and institutions.
  • Law more than just rules set out in statutes or judicial decisions by the court.
  • Interlocking set of beliefs, values, ideals that have evolved over time to control human behaviour and protect our interests.

Law Defined

  • Law as a legal concept
  • Law as a legal system
  • Law as a set of rules

The Need for Law

  • Law as an instrument of society
  • Law as a mechanism for resolving disputes
  • Law protects our person, property and rights
  • Law provides for order in society

Law v. Rules

  • Laws are mandatory, but rules are optional
  • Laws have a formal system of produces for enforcement
  • Laws impose a system of punishment an remedies

Applying the Law

  • In a poker game, a full-house beats a pair.
  • You do not attend school on Labour Day.
  • You walked across a field that had a sign posted “No Trespassing”.
  • You only use washroom facilities designated as either Men or Women.
  • You are suspended from school for skipping classes.
  • You raise your hand in class for the purpose of answering a question.

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