Philosophical Philosophical Influences on Influences on Canadian LawCanadian Law

PLATOPLATO(428-348 BCE)(428-348 BCE)

Plato thought that Plato thought that the ideal ruler of the ideal ruler of society would be a society would be a ““philosopher king,”philosopher king,”

He then realized He then realized that it would be that it would be hard to find such a hard to find such a leader so there leader so there needed to be laws.needed to be laws.

ARISTOTLEARISTOTLE(384-322 BCE)(384-322 BCE)

If people were unequal If people were unequal than they deserved than they deserved unequal shares of unequal shares of wealthwealth

People needed People needed representationrepresentation

EPICURUSEPICURUS(341-348 BCE)(341-348 BCE)

Everyone deserves to be Everyone deserves to be happyhappy

Happiness is different Happiness is different for all, therefore laws for all, therefore laws needed to be put into needed to be put into place.place.

CICEROCICERO(106-43 BCE)(106-43 BCE)

Opposed to dictatorship Opposed to dictatorship (Caesar)(Caesar)

Established justice, Established justice, equality & fairness in equality & fairness in all lawall law

Agreed with Aristotle Agreed with Aristotle that there should be that there should be people representing the people representing the publicpublic

JUSTINIANJUSTINIAN(483-565 BCE)(483-565 BCE)

Established Roman LawEstablished Roman Law Wanted people to be Wanted people to be

born “free”born “free” People could not be People could not be

bought from one bought from one anotheranother

Into to Noam Chomsky 7:33 Part 1http://www.youtube.com/watch?v

=9CKpCGjD8wg&NR=1

SAINT AUGUSTIANSAINT AUGUSTIAN(354-430 BCE)(354-430 BCE)

Strong believer in God’s Strong believer in God’s lawlaw

““The only perfect law is The only perfect law is Eternal law, God’s law. Eternal law, God’s law.

THOMAS AQUINASTHOMAS AQUINAS(1225-1274)(1225-1274)

Law should be for the Law should be for the common goodcommon good

Didn’t believe laws Didn’t believe laws made people goodmade people good

THOMAS HOBBESTHOMAS HOBBES(1588-1679)(1588-1679)

Atheist Atheist Humans are animalsHumans are animals Wanted to protect life, Wanted to protect life,

property by social property by social contractscontracts

Avoiding the idea of Avoiding the idea of natural lawnatural law

Justice is dependant on Justice is dependant on people’s obediencepeople’s obedience

JOHN LOCKEJOHN LOCKE(1632-1704)(1632-1704)

Individual rightsIndividual rights Need for limits on the Need for limits on the

power of the statepower of the state Protect against arbitrary Protect against arbitrary

acts of others interfering acts of others interfering with freedomwith freedom

JEAN-JACQUES ROUSSEAUJEAN-JACQUES ROUSSEAU(1712-1778)(1712-1778)

Government should Government should make decisions make decisions according to the general according to the general will of the peoplewill of the people

Encouraged helping Encouraged helping othersothers

JEREMY BENTHAMJEREMY BENTHAM(1748-1832)(1748-1832)

Laws should be based Laws should be based on more than good on more than good moralsmorals

Law is social controlLaw is social control ““the greatest good for the greatest good for

the greatest numberthe greatest number””Chomsky Part 2 8:39

http://www.youtube.com/watch?v=oB1q2tdb-Gw&feature=related

JOHN AUSTINJOHN AUSTIN(1790-1859)(1790-1859)

Supporter of positive Supporter of positive law law

Ethics/Morality should Ethics/Morality should play no part in making a play no part in making a law good or badlaw good or bad

Legal norms decide Legal norms decide whether a person is just whether a person is just or unjustor unjust

JOHN STUART MILLJOHN STUART MILL(1806-1873)(1806-1873)

Laws should be useful Laws should be useful in the functioning of in the functioning of societysociety

UtilitarianismUtilitarianism Emancipation of Emancipation of

women, labor unionswomen, labor unions Free speechFree speech

Modern PhilosophersModern Philosophers

Why People Hate Americans 4:09http://www.youtube.com/watch?v=dAwRu83SGo4&feature=related

H.L.A. HARTH.L.A. HART(1907-1992)(1907-1992)

Judges should be Judges should be flexible in flexible in circumstancescircumstances

Two levels of lawTwo levels of law Primary (what Primary (what

individuals must/must individuals must/must not do)not do)

Secondary (how Secondary (how primary rules are primary rules are defined and how they defined and how they can removed, changed, can removed, changed, enforced & appliedenforced & applied

JOHN RAWLSJOHN RAWLS(1921-)(1921-)

““Justice is Justice is fairness``fairness``

Legal system Legal system should strive should strive towards idealtowards ideal

Everyone should Everyone should be given the same be given the same opportunities in opportunities in legal systemlegal system

RICHARD A. POSNERRICHARD A. POSNER(1939-)(1939-)

Law should reflect Law should reflect economic realitieseconomic realities

Laws should be Laws should be assessed on their assessed on their effectivenesseffectiveness

NOAM CHOMSKYNOAM CHOMSKY(1948-)(1948-) Law is powerLaw is power

Elite class makes Elite class makes true decisionstrue decisions

The law works for those in power

The media is very influential on laws Human Destiny 3:51

http://www.youtube.com/watch?v=5EbMCIKTNIQ&feature=related

Why People Hate Americans 4:09http://www.youtube.com/watch?v=dAwRu83SGo4&feature=related

Into to Noam Chomsky 7:33 Part 1http://www.youtube.com/watch?v=9CKpCGjD8wg&NR=1

Chomsky Part 2 8:39http://www.youtube.com/watch?v=oB1q2tdb-Gw&feature=related