LS101- Online Module 1 Lecture 2

Types of Law:
Content of law categorized as substantive or procedural
Substantive Laws: rights, duties, & prohibitions administered by courts
o Which behaviours are allowed which are prohibited (e.g. against murder or sale of
narcotics)
Procedural Laws: how substantive laws are to be administered, enforced, changed & used
by players in the legal system (filling chargers, selecting jury, presenting evidence, etc)
Public Law: structure of government, duties, powers of officials, & relationship b/w the
individual & state
Private Law: both substantive & procedural rules governing relationships b/w individuals
(e.g. contracts, property, inheritance, marriage, etc)
Civil Law: body of rules and procedures intended to govern the conduct of individuals in
their relationships with others
o Torts: violations of civil statutes; private wrongs for which the injured individual
may seek redress in the courts for the harm she/he experienced
o Payment often required from offender to compensate for the harm suffered
Criminal Law: definition of crime & the prosecution & penal treatment of offenders
o Crimes are regarded as action against the offender
o E.g. If the case involves a tort, or civil injury, compensation equivalent to the harm
caused is levied; In the case of a crime, a form of punishment is administered

Civil Law: Legal systems whose development was greatly influenced by Roman law
(code compiled in the Corpus Juris Civilis)
o Codified Systems, basic law found in codes
o Enacted by national parliaments.
o France: Civil Code of France (1804), Code Napolon embodies civil law of country
Common Law: Not based by acts of parliament but on case law; precedents set by judges
to decide a case
o Resisted codification; "judge-made law" as distinguished from legislation or
"enacted" law
o Most countries use a blend of civil & common law
Canada uses a dual legal culture due to English and French influence; private law in
Quebec derives from Civil law, private law elsewhere in Canada derives from common law
of England
Constitutional Law: branch of public law; determine the political organization of the state
and its powers while setting substantive and procedural limitations on governing power
o "Supreme law" of Canada; organization framework of government & limits on
government
o Constitution act, 1867: division of power between the federal and provincial
governments (British North America Act)
o Constitution, 1982, includes the Canadian Charter of Rights and Freedoms: imposes
limits on the ability of government to infringe upon specified rights and freedoms of
Canadians

Case Law: enacted by judges in cases that decided in appellate courts

Statutory Law: legislated law, passed by elected officials in legislative assemblies
Administrative Law: created by administrative agencies in the form of regulations.
Orders, and decisions
Royal prerogative/ Prerogative Powers: residue of discretionary authority that is legally
left in the hands of the Crown; originate in Common Law, vested constitutionally in the
Crown; represented by the governor-general & provincial lieutenant- governor.

Functions of Law:
Social Control: law considered formal social control; other formal mechanisms include
school, industry, government, business, religious groups, etc
Dispute Settlement: another option of dispute resolution through the allocation of legal
rights and obligations
o Only deals with disagreements that have been translated into legal disputes
Social Change: purposive, planned, & directed social change initiated, guided, and
supported by the law; method of social change (used by government)
o Prominent feature of welfare states; taxes going to the poor in the form of cash,
medical, legal benefits, housing
Dysfunctions of Law:
Stem from law's conservative tendencies, rigidity inherent in its formal structure, restrictive
aspects connected with its control functions, kinds of discriminations are inherent in law
itself
Once rights and duties have been created by the legal system, revisions and disruptions are
generally avoided in the interest of predictability and continuity
Legal rules are couched in general, abstract, & universal terms that can operate as
straightjackets
Law can turn into overregulation