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History of the Courts

There are many aspects contributing to the history of criminal law: the concept of law, the origin of law, and finally the development of law. Each point is equally important and influential to the maturation of criminal law.

The concept of law is to protect those who are innocent and to prosecute those who are guilty. Law is the infrastructure of our economic, social, and political lives. It gives order to our existence and makes us equal. Without law, we as a nation would collapse and become a very volatile society.

Every crime falls under a pertinent conviction or penalty. When laws and statutes are made and passed, morals have to be taken into account. Thus, there is a definite correlation between law and morality. If laws were simply made without taking into consideration proper rationales they would not have any connotation.

The background of law goes back further than the days of the British North America Act and the Canadian Charter Of Rights And Freedoms. It is depicted that in Ancient Times there were three major influences of western civilization: Biblical Israel, classical Athens, and republican Rome. Each endured their own culture and ways of life; thus, im


With federalism, being a key success to Canada's and other countries' survival, comes the division of powers. There are three divisions of power: federal, provincial, and municipal. With each of the three acting in a sovereign manner, the term federalism is truly manifest. At the federal and provincial level there are statutes, but as for the municipal level there are bylaws.

There is another pattern of human social organization which dates back as far as 200,000 years ago. The hunting and gathering society has been a controlling type of social genre in the history of the human species.

Their criminal justice system and civilization came from the premise that the descendants of Abraham held the title of the chosen people of Yahweh. This religious power influenced their government of behaviour, foundation of criminal law, and discipline. Sinful actions were insolent upon two grounds: they induced conflict in society and ravaged the relationship among people, and the injustice of any descendant of Abraham could bear celestial wrath down upon the nation. National rectitude is essential to the survival of this religious culture.

Each and every year society changes due to many internal and external influences. If society, as a whole, varies continuously the statutes and bylaws have to accompany the society, and vice versa, to conceive a happy medium. Some contributing factors which change a society are: race, class, gender, culture, and ethnicity. If the laws and statutes were the exact same as one hundred years ago, in my eyes I do not think Canada would have evolved and matured into the great and diverse country it is today.

Some examples of federal statutes are: Young Offenders Act, Food and Drug Act, Canadian Evidence Act, Controlled Drug and Substance Act, and Corrections and Conditional Release Act. Various provincial statutes are: Game and Fish Act, Highway Traffic Act, Canadian Automobile

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Approximate Word count = 1302
Approximate Pages = 5 (250 words per page double spaced)


  

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