Comments:
The article reads, “Rules made by government are called "laws."” and “If two people claim the same piece of property, rather than fight they turn to the law and the courts to decide…”
The courts play a significant role in making Canadian law. Where government’s rules are ambiguous, litigants ask the courts to interpret the ambiguous rules. Where government’s rules do not address a dispute, disputants may ask the government to create a new rule. An alternative to that is to become litigants and ask the court to determine an outcome for the dispute. When the courts do, they create a new legal rule. That rule may then serve as a precedent letting future disputants know how future courts may determine the outcome of similar disputes.
Later in the course we will consider the relationships between government rule making via legislation and judicial rule making via court decisions.
The article reads, “Laws help to ensure a safe and peaceful society in which people's rights are respected.”
Of course, which “rights” people have, and consequently, which “duties” others have, depends upon which legal system is involved. For example, a “right” or duty that we have in Canada, may not exist for a citizen of another country living in that other country.
Several questions arise in this section.
The article reads, “In Canada, laws not only govern our conduct; they are also intended to carry out social policies.” Whose social policies?
The article reads, “Laws are also aimed at ensuring fairness.” Whose version of fairness?
The article reads, “our laws ensure that stronger groups and individuals do not use their powerful positions to take unfair advantage of weaker groups or people.” If groups, such as parliament, or individuals, such as judges, get to make the legal rules, wouldn’t they be considered, “stronger groups and individuals”?
The article reads, “Private law, also called "civil law,"….” The term, “civil law” is also used for the part of the legal system operating in Quebec due to the legal histories of Quebec, France, the Roman Empire, and other nations.