What is Law and Where does it come from? Chapter 1.

What is LawWhat is Law and and Where does it Where does it come from?come from?

Chapter 1Chapter 1

Goals and ObjectivesGoals and Objectives

The Students WillThe Students Will Be able to define and give Be able to define and give

examples of:examples of: Law, Jurisprudence, the Rule Law, Jurisprudence, the Rule

of Law, Legal System, the of Law, Legal System, the Connection between ValuesConnection between Values

Be able to describe what Be able to describe what our laws are intended to our laws are intended to do and how they are based do and how they are based on what society believes on what society believes in.in.

What’s the Point of Law?What’s the Point of Law? Why do governments and society Why do governments and society

create Laws?create Laws? Any time individuals meet and interact Any time individuals meet and interact

with each other there are always with each other there are always acceptable and unacceptable forms of acceptable and unacceptable forms of behavior.behavior.

At your job, at school, at home, in dating and At your job, at school, at home, in dating and courtship, in another country, with people courtship, in another country, with people older than you, with people younger than you, older than you, with people younger than you, with your friends, with people you dislike, with your friends, with people you dislike, with other races, with other races,

The acceptability of behavior is directed The acceptability of behavior is directed by the beliefs and opinions of the by the beliefs and opinions of the individuals involvedindividuals involved

Rules and Laws are established to make Rules and Laws are established to make sure social interactions meet with the sure social interactions meet with the agreed upon social boundariesagreed upon social boundaries

Then What is Law?Then What is Law? Law: the rules and regulations made and Law: the rules and regulations made and

enforced by government that regulate the enforced by government that regulate the conduct of people within a society.conduct of people within a society.

The Rule of Law: average citizens are The Rule of Law: average citizens are required to support the legal system (obey required to support the legal system (obey the law)the law)

No one, not senators, the president, judges, elderly, No one, not senators, the president, judges, elderly, the wealthy, no one, is above the lawthe wealthy, no one, is above the law

Which of these actions Violate the Law?Which of these actions Violate the Law?Prank callingPrank calling Cheating on a testCheating on a testSpreading gossip about your XSpreading gossip about your X Telling a lieTelling a lieDownloading music onlineDownloading music online Spinning Spinning

DoughnutsDoughnutsDitching schoolDitching school JoyridingJoyriding

Legal SystemsLegal Systems Jurisprudence: the study of law Jurisprudence: the study of law

and legal philosophyand legal philosophy Legal System: a system used to Legal System: a system used to

create, interpret, and enforce create, interpret, and enforce the laws of a societythe laws of a society Includes:Includes:

Means of making laws (congress and Means of making laws (congress and legislatures)legislatures)

Method of interpreting laws (courts Method of interpreting laws (courts system)system)

Law Enforcement agencies (police, Law Enforcement agencies (police, FBI, Marshalls as well as legal codes, FBI, Marshalls as well as legal codes, inspectors, publication of laws, etc.)inspectors, publication of laws, etc.)

Specialists in law (judges, lawyers, Specialists in law (judges, lawyers, law school, state bar associations)law school, state bar associations)

Process of dealing with those who Process of dealing with those who violate laws (courts, trial and appeals violate laws (courts, trial and appeals processes, jails and prison, parole processes, jails and prison, parole and probation officersand probation officers

All other organizations and All other organizations and infrastructure which are needed to infrastructure which are needed to support the legal systemsupport the legal system

The The Connection between Laws and Connection between Laws and ValuesValues

Remember, Laws are rules that Remember, Laws are rules that direct our behavior when direct our behavior when we interact with other we interact with other people.people.

Society decides what Laws Society decides what Laws to make based on their own to make based on their own Beliefs and Values:Beliefs and Values:

Values - Traditional ideas of Values - Traditional ideas of right and wrongright and wrong

It’s Immoral or Wrong so Society It’s Immoral or Wrong so Society made it Illegalmade it Illegal

Murder, Stealing, Attacking, Murder, Stealing, Attacking, Destroying property, Harassment, Destroying property, Harassment, Vandalism, etc.Vandalism, etc.

Not everything that is Not everything that is immoral/wrong is illegalimmoral/wrong is illegal

Lying to a friendLying to a friend Keeping secrets from someoneKeeping secrets from someone Being rude and unkindBeing rude and unkind Cheating on your spouseCheating on your spouse

““The people’s good is The people’s good is the highest law.”the highest law.”

~Cicero~Cicero

The Case of The The Case of The Shipwrecked SailorsShipwrecked Sailors

Determine:Determine: What is What is RightRight and and

what is what is WrongWrong.. Who did Right and Who did Right and

who did Wrong.who did Wrong. Who is Who is

Responsible for Responsible for this Death and this Death and How this case How this case should be settled.should be settled.

Laws and Values (cont)Laws and Values (cont) So our Laws are based on our ValuesSo our Laws are based on our Values

Some basic American ValuesSome basic American Values Protect basic Protect basic human rightshuman rights (life, liberty, freedom, choice) (life, liberty, freedom, choice) Promote Promote fairness and equalityfairness and equality for all for all Help resolve conflict Help resolve conflict peacepeacefullyfully Promote Promote orderorder and stability and stability Promote desirable social and economic behaviorPromote desirable social and economic behavior Protect Protect privacyprivacy, individual interest, reward effort/behavior, individual interest, reward effort/behavior Take care of those who are less fortunate/disadvantagedTake care of those who are less fortunate/disadvantaged

Sometimes different Values conflict with each Sometimes different Values conflict with each otherother Legalization of Gay MarriagesLegalization of Gay Marriages Preferential Treatment to minoritiesPreferential Treatment to minorities ““Under God” in the pledge of allegianceUnder God” in the pledge of allegiance Women’s Right to an AbortionWomen’s Right to an Abortion

That Creates Major Legal ProblemsThat Creates Major Legal Problems

Smoking MarijuanaSmoking Marijuana

Is it against the law for Is it against the law for one to smoke Marijuana?one to smoke Marijuana? YES!YES! WHY?WHY?

At home with no one else At home with no one else around?around?

Marijuana that wasn’t Marijuana that wasn’t purchased but grown by purchased but grown by that individual?that individual?

In a process that involved In a process that involved no other human being?no other human being?

HOMEWORK!!!HOMEWORK!!!

Violate a Social Violate a Social NormNorm DO NOT BREAK THE DO NOT BREAK THE

LAW!!!!!!!!!!!!!LAW!!!!!!!!!!!!! Pay attention to Pay attention to

yourself, to how yourself, to how those around you, to those around you, to thoughts, feelings, thoughts, feelings, comments, reactions, comments, reactions, etc. and be prepared etc. and be prepared to Discuss and Write to Discuss and Write about your about your experience Next experience Next Time.Time.

Questions and ReviewQuestions and Review

The Students WillThe Students Will Be able to define and give examples of:Be able to define and give examples of:

Law, Jurisprudence, the Rule of Law, Legal Law, Jurisprudence, the Rule of Law, Legal System, the Connection between ValuesSystem, the Connection between Values

Be able to describe what our laws are Be able to describe what our laws are intended to do and how they are based intended to do and how they are based on what society believes in.on what society believes in.