Introduction Law Society 2 Essay

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Business Law and Ethics
Comm 315
Introduction: Law and Society
(Chapters 1 & 3)
© Benito Aloe, Attorney
B.A., LL.L.

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Benito Aloe, Business Law and Ethics

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Business Law and Ethics
• The content of these slides is copyright protected and owned by their author, namely myself; • The slides are provided to individual students exclusively for academic and study purposes;
• Consequently, they cannot be published or otherwise shared with any other person without the explicit consent of their author;
• The Copyright Act provides for damages and penalties for violations;
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Benito Aloe, Business Law and Ethics

ONLINE OPTIONAL READING
MATERIAL
• How to find Laws: Canlii
• QUEBEC BLOGS:
– Law in Quebec
– Spiegel Sohmer
– Norton Rose
– Fasken

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Benito Aloe, Business Law and Ethics

Selected Legal Terminology
• Definitions of legal terms:
• See: http://www.lectlaw.com/def.htm

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Benito Aloe, Business Law and Ethics

Truth vs. Lies
• What every student should read before going out into the "real world".
• Navigating between truth and lie.
• Harry G. Frankfurt and his essay titled:
• "On Bullshit":
– http://press.princeton.edu/titles/7929.html

• P.S. It is only a coincidence that I am a lawyer and am familiar with an essay regarding "Bullshit".
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Benito Aloe, Business Law and Ethics

Business Law and…
• … Yes… Ethics;
– “There's room at the top they're telling you still, – But first you must learn how to smile as you kill” • John Lennon, Working Class Hero;

• Law alone is not sufficient to provide happiness and harmony in society;
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Benito Aloe, Business Law and Ethics

Why Study Law?
• Law is the foundation for structure, security, stability and justice in society (and business);
• Without law business cannot function;
– Disputes in business (society) are inevitable;
– Must be settled in a predictable manner;
– Confidence to conduct transactions creates wealth;

• A stable legal system = wealth and prosperity;
• Even conquered peoples kept the legal system of their conqueror if it was just and effective;
– Roman Empire; Napoleon; British empire;
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Benito Aloe, Business Law and Ethics

Why Study Ethics?
• Law is insufficient to guide us through all problems which may arise;
• Law is conservative and slow to adapt to social change; • Laws tend to react to problems after they arise;

• Ethics fill in the gaps where law is unclear;
• Laws may not exist to address new issues;
• Ethics mould new consensus to create new laws; 14-­‐12-­‐29

Benito Aloe, Business Law and Ethics

What is Law?
•
•
•
•

Is Law a societal structure/system?
Is it an economic structure?
Is it a set of rules of behavior?
What is the connection between Law and:

– Economics?
– Politics?
– Democracy?
– Fundamental freedoms?
• Without the rule of law, life of man would be solitary, poor, nasty, brutish and short (THOMAS HOBBES,
“LEVIATHAN”);
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Benito Aloe, Business Law and Ethics

Does Law equal Justice?
• The law can be rigid and inflexible;
– Justice requires flexibility and discretion in application of Laws;

• When a law is inflexible, you may have an unfair outcome; – Ex. Mandatory minimum sentences (Latimer case);
– Ex. Tania Pontbriand and Bianca Leduc Cases;

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Benito Aloe, Business Law and Ethics

How to Achieve Justice?
• Justice must = search for truth / what is right;
• Three ways to achieve justice:
1. Flexible laws allow judges to bring their own subjective perspective to interpretation;
2. Allow societal ethics to influence the law;
–

See Chapter 2;

3. The separation of the different elements of legal system is meant to ensure justice ;
– See Chapter 3;
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