Law and Authority

Paper Summary:

The paper examines the wellsprings of power and authority and delves into an examination of concepts such as "Law and Order," "Rule of Law" and "Constitutional Order". Among other things, the paper notes that deference towards the law by nineteenth century Canadians was not as pronounced as commonly supposed and that nineteenth century conceptions of the proper constitutional order were far different than those of today.

From the Paper:

"Concepts such as the "Rule of Law," "Law and Order" and "Constitutional Order" are very much at the heart of the Anglo-American, Canadian legal system. This paper will examine these ideas and their relationship to the broader notions of order and authority. As will become clear, there remains a great deal of ambiguity surrounding the extent to which earlier generations of Canadians embraced the legitimacy and primacy of written law - the formal "rules" of Canadian society if you will - and its chief interpreters (judges and lawyers). On one hand, there is evidence of the written law and its most erudite interpreters being elevated to a position of pre-eminence within society - at least in Tina Loo's depiction of nineteenth century British Columbia."

More papers on Law and Authority:

• Research Paper # 97038 : "Law and Police Powers"
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• Book Review # 119148 : "Corporate Law and Social Responsibility"

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