Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Philosophy of law - rule of law essay
Explain the role of law in society
Importance and functions of law in society
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Philosophy of law - rule of law essay
The Rule of Law is a three part principle that states people are obligated to have laws applied and enforced fairly in all situations, with exceptions to contradicting situations that are in accordance to the law. In sum, the Rule of Law successfully attempts to portray the fact that no one is above the law.
The Rule of Law is very widely known both in Canada and internationally for one main reason, it is extremely important for the safety of people. It is significant because it is a simple, not complex law that prevents illegal use of authority on a person, thus protecting them. From the moment humans are born they are constantly subconsciously aware of the need to survive by protecting one’s self, whether they were in the cavemen era or the 21st generation. Therefore, the rule-of-law idea that people with freedom are ruled by law and not man is naturally important to people because it provides them with external protection
…show more content…
over themselves that they do not need to do personally. Which person would not want protection they deserve that they did not have to do themselves? Adding on to this, many free people do not realize how grateful they are to have laws for their own protection every day. The first part of the Rule of Law states, “Individuals must recognize and accept that law is necessary to regulate society.” This is a vital part of the Rule of Law because it allows people of a community to understand that law keeps everything in order and without it society would be havoc. If everyone of a population did not know the laws or follow them, then conflicts would arise in every single situation possible. In its most basic form, laws solve conflicts, protect people, and maintain a peaceful society. The second part of the Rule of Law reads as follows, “The law applies equally to everyone including people in power.” This part is needed in society because it allows everyone to follow the law and not be able to bend it in a situation where they would benefit from it and safely know the person on the other end of the side would not argue with them for whatever reason it may be. Without this part of the Rule of Law active in our everyday lives then people would be doing whatever they felt like if they had a strong over an individual or group. The third part of the Rule of Law is, “No one in our society has the authority to exercise unrestricted power to take away our rights, except in accordance with the law.” The third part is imperative in order to have a fair and just society because a person should not have something that they were rightly given taken away from them because someone else does not want that preventing them from acquiring what they desire.
However, this can be bypassed if a person is using another law that applies to the situation and provides the power to do so. Without this part of the law, just like how it was in the old times, the strongest would rise and take control of those under them and do as they please merely due to the fact that no one would want to retaliate against them. This part of the rule of law protects people from having to be part of the receiving end of that situation, that is why the third part of the Rule of Law along with the first and second are extremely essential in maintaining a peaceful society and protecting the people within
it. If the Court for some reason does not recognize a violation of the Rule of Law then most likely a revolution whose size would depend on how severe the violation was, would arise to make sure justice would occur by protesting maybe, ironically violence. Also, the person in charge of making a decision by abusing their power would be sued, identically to how Maurice Duplessis, Quebec premier in the mid-1950s, was for $25,000 plus damages. He was sued because he banned a Québécois and Jehovah’s Witness’ liquor license from his restaurant because he bailed almost 400 Jehovah’s Witnesses out of jail for their publication of their faith. The premier wanted to send a message that there would be consequences for actions such as that and as a result abused his power to do so. That is why it is important for people to know their rights so that they can protect themselves in situation like this, and the Rule of Law greatly helps with that.
Philosophers, for several years have made a large impact within Canadian law by engaging in the study of the basic nature of knowledge, reality and existence. Aristotle, one of the philosophers who has made a major influence on Canadian law studied and created the main purpose of law known as just acts. As well, Plato was another philosopher who affected Canadian law through reflecting endless truths and virtues. St. Thomas Aquinas also had significance within Canadian law by believing that the main purpose of human law was being virtuous. Aristotle, Plato, and St.Thomas Aquinas were the most influential legal philosophers in Canadian law because they created the elements of just acts, eternal truths and virtues which are present in Canadian law and the virtuous existence of human laws.
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
the laws it chooses, 2. the rule of law, which says that laws must be
One of the key components of the rule of law is that the law should apply to everyone equally and fairly, whether, monarch, government or citizen (Ellis 2013). As A V Dicey believed, no one should be above the law and everyone should be subject to the rule of law (Ellis 2013). Within the rule of law, there are five vital components to the operations. These include fairness, rationality, predictability, consistency and impartiality (Hinchy 2015). Fairness and rationality ensures the rule of law applies to everyone including citizens and the government. Predictability pertains that if a law is broken, the consequences will be known. Consistency, warrants consistency that the rule of law is being applied to everyone the same. Lastly, impartiality, which is an individual that decides on issues to do with the law (Hinchy 2015). The rule of law maintains consistency and equality within nations, yet there are countries where the rule of law is not common practice (Ellis 2013). Overall,
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
Many people and nations around the world are deprived of human rights. The government in the countries or nations usually can not help the people being deprived. Either because the government is too poor to, it is not one of the things the government is looking into, or the government does not know or care. Because of this certain people, or even whole populations are denied human rights and their living conditions and way of life are usually not on the positive side of things. There are many wealthier countries trying to help but sometimes that is not enough. To what extent should Canada have a role in working to increase human rights protection in other nations?
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Law is a system of rules that has been set up by the legislative branch of our government. It is a must that every person in that country follow these laws, or severe consequences will be held against that person. In every court house legal systems are held. There are two common types of legal systems used, common law and civil law. Common law is used by countries that are from the British colonies, as this type of system was originated from England, when King Henry II wanted to combine the laws and customs together. Whereas, the countries that use civil law are from the European colonies (Common Law vs Civil Law,2009). Even though, both laws are commonly used, they differ in terms of the constitution, the jury’s opinion, the role of the
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
Law is more than a necessity in every community in order to regulate the daily life of people. Thanks to law, the relationships between the different parts that make the society can be organized. Law which is the set of regulations and rules set by governments in order to control and organize relationships and operations within their territories guarantees the right and duties of every part in the society. Different types of law can be identified and every type is meant to deal with certain situations in order to maintain order.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The