Law & Justice, Mr. Brown, Greenup County High School
INTRODUCTION TO LAW
Questions to Consider:
What is the purpose of law?
Who or what should decide law?
To what extent is law binding?
Purpose of Law: Definition
First, lets define it, right from Black’s Law Dictionary, Sixth
Edition, page 884:
Law: That which is laid down, ordained, or established. A rule or
method according to which phenomenon or actions co-exist
or follow each other. Law, in its generic sense, is a body of
rules of action or conduct prescribed by controlling authority,
and having binding legal force….That which must be obeyed
and followed by citizens subject to sanctions or legal
consequences is a law. Law is a solemn expression of the will
of the supreme power of the State….
The “law” of a state is to be found in its statutory and
constitutional enactments, as interpreted by its courts, and,
in absence of statute law, in rulings of its courts.
What Is Law?
 The law consists of rules that regulate the
conduct of individuals, businesses, and other
organizations within society
 It is intended to protect persons and their
property against unwanted interference from
others.
 The law forbids persons from engaging in
certain undesirable activities.
Definition of Law
 That which must be obeyed and followed by
citizens subject to sanctions or legal
consequences
 A body of rules of action or conduct
prescribed by controlling authority, and
having binding legal force
Brown’s Reasons for Law:
1. To protect you from outside aggression or harm
(robbery, assault, etc.)
2. To establish the rules needed for a society to live
and work together (traffic laws, contract law,
etc.)
3. To protect the fabric of society as agreed upon
by the voice of the people or their
representatives (pornography laws, marriage
laws, drug laws, etc.).
4. To ensure that justice is served, and criminals
are punished.
5. To maintain social order.
CLASS ACTIVITY
Partner up with someone and respond to the
following question:
Suppose you were writing the laws for a nation
(or state) – what would you include in those
laws?
OUTLINE the basic laws governing your society
Purpose?
The obligations and purposes of law and
government are to protect public health,
safety, and morals, and to advance the
general welfare.
Law must protect people's fundamental rights
and basic liberties.
But what is the basis of our legal system?
Ancient Law Standards
CODE OF HAMMURABI, 1750 BC
The people of Mesopotamia lived under the rule
of the Babylonian king, Hammurabi, who
created his code of 282 laws. It was inscribed
on stone, and encouraged people to accept
the authority of a king who was trying to give
common rules to govern the subjects'
behavior.
Ancient Law Codes
The Code of Hammurabi applied to the entire
Babylonian society.
The purpose was to use political power to create
common bonds among diverse peoples of
society. It was a conscious effort to exalt the
king as the only source of earthly powers, and
unified the empire by offering the standards for
moral values, class structure, gender
relationships, and religion. It was the most
important of all Mesopotamian contributions to
civilization.
Ancient Law Codes
The actual laws range from public to private
matters, with humane approaches to human
problems, and included almost everything marriage and family relations; negligence; fraud;
commercial contracts; duties of public officials;
property and inheritance; crimes and
punishments; techniques of legal procedure;
protection for women, children, and slaves;
fairness in commercial exchanges; protection of
property; standard procedures for adjudicating
disputes; debt relief for victims of flood and
drought; etc.
Ancient Law Codes
Until Hammurabi , there really were not any wide-spread
laws that unified such a large group of people.
Before this, justice in many places would have been in the
vigilante style. Or differing: the punishment for stealing
might have been being lashed with a whip in one town,
yet five miles away in another town the punishment was
having a hand cut off.
Under the code, everyone was eligible for the same
punishments and fines. There was one law from the king
on down, and lesser risk of being hanged or stoned for
something relatively minor, or starting a never-ending
feud between families over a disputed punishment.
Ancient Law Codes
THE TEN COMMANDMENTS AND THE LAW OF
MOSES, 1200 BC
Written by Moses for the nation of Israel. These
laws regulated man’s behavior toward God
and toward his fellow man, and included
punishments to enforce the code within the
nation to order civil society.
Example: Exodus 20 ff & Deuteronomy 5 ff.
Ancient Law Codes
ANCIENT GREECE
Helped develop the philosophy that a nation
should be ruled by law, not by men
They developed laws governing property,
contracts, and commerce.
Ancient Law Codes
ANCIENT ROME
“Twelve Tables” published in Rome, 450 BC
“Corpus Juris Civilis” (“Body of Civil Law”), 560
AD – most complete collection of laws up
until that time, and influenced other nations
which had been controlled by the Roman
Empire
A List of Ancient Law Codes
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Cuneiform law (2,350-1,400 BC)
Code of Urukagina (2,380-2,360 BC)
Code of Ur-Nammu, king of Ur (ca. 2050 BC)
Laws of Eshnunna (ca. 1930 BC) [2].
Codex of Lipit-Ishtar of Isin (ca. 1870 BC).
Code of Hammurabi (ca. 1790 BC)
Code of the Nesilim (c. 1650-1500 BC)
Hittite laws (ca. 1650–1100 BCE).
Hebraic law / Hebrew Bible / Old Testament (see Mosaic Law)
The Draconian constitution (7th Century BC)
Gortyn code (5th century BC)
Twelve Tables of Roman Law (451 BC)
English Common Law
English common law was very significant to the
British isles and to the development of
American law.
MAGNA CHARTA 1215 – basic civil rights
English law prior to the American Revolution is
still reflected in many of our legal practices,
codes, and traditions.
English Common Law
 Law developed by judges who issued their
opinions when deciding a case
 The principles announced in these cases
became precedent for later judges deciding
similar cases.
 Courts, trial by jury
English Common Law
Common Law involved the following things:
 Custom
 Tradition
 Decisions by judges
 Acts of Parliament
This system was well established when the Pilgrims
landed at Plymouth Rock, 1620
Adoption of English Common
Law in America
All states except Louisiana base their legal systems
on the English common law.
“Case Law” – law based on earlier decision
reached by a court in similar situations
“Statutory Law” – written laws or acts
Most U.S. courts permit the aggrieved party to
seek both law and equitable orders and
remedies.
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Class Activity
Share with the class the “law outline” you
created yesterday
We will make a list of LAWS you think should
govern society…
What Is Law?
 The law consists of rules that regulate the
conduct of individuals, businesses, and other
organizations within society
 It is intended to protect persons and their
property against unwanted interference from
others.
 The law forbids persons from engaging in
certain undesirable activities.
Definition of Law
 That which must be obeyed and followed by
citizens subject to sanctions or legal
consequences
 A body of rules of action or conduct
prescribed by controlling authority, and
having binding legal force
Functions of Law
 Keeping the peace
 Including making certain activities crimes
 Shaping moral standards
 e.g., enacting laws that discourage drug and
alcohol abuse
 Promoting social justice
 e.g., enacting statutes that prohibit discrimination
in employment
Functions of Law (2)
 Maintaining the status quo
e.g., passing laws preventing the forceful overthrow
of the government
 Facilitating orderly change
e.g., passing statutes only after considerable study,
debate, and public input
 Providing a basis for compromise
approximately 90 percent of all lawsuits are settled
prior to trial
Functions of Law (3)
 Facilitating planning
 e.g., well-designed commercial laws allow
businesses to plan their activities, allocate their
resources, and assess their risks
 Maximizing individual freedom
 e.g., the rights of freedom of speech, religion, and
association granted by the First Amendment to
the U.S. Constitution
CLASS ACTIVITY
How did “our list” of laws fit with these
established “functions of law”?
Let us EVALUATE and DISCUSS…
Qualities of the Law
Fairness of the Law
 The American legal
system is one of the
most comprehensive,
fair, and democratic
systems of law ever
developed and
enforced.
Flexibility of the Law
 U.S. law evolves and
changes along with the
norms of society,
technology, and the
growth and expansion
of commerce in the
United States and the
world.
Landmark U.S. Supreme Court Case:
Brown v. Board of Education (1954)
 Supreme Court reversed prior precedent of
Plessy v. Ferguson (1896)
 Court held that the separate but equal
doctrine violated the Equal Protection Clause
of the 14th Amendment to the Constitution
 The case demonstrates that one Supreme
Court can overrule prior Supreme Court cases
to promote justice
Schools of Jurisprudential
Thought
 Natural Law School
 Postulates that law is based on what is “correct”
 Law should be based on morality and ethics
 Historical School
 Believes that law is an aggregate of social
traditions and customs
 Analytical School
 Maintains that law is shaped by logic
Schools of Jurisprudential
Thought (2 of 3)
 Sociological School
 Asserts that law is a means of achieving and
advancing certain sociological goals
 Command School
 Believes that law is a set of rules developed,
communicated, and enforced by the ruling party
Schools of Jurisprudential
Thought (3 of 3)
 Critical Legal Studies School
 Maintains that legal rules are unnecessary and
that legal disputes should be solved by applying
arbitrary rules based on fairness
 Law and Economics School
 Believes that promoting market efficiency should
be the central concern of legal decision making
CLASS ACTIVITY
Consider these “schools of thought” – WHICH
DO YOU THINK ARE MOST CORRECT AND
APPLICABLE TO OUR SOCIETY?
Partner with someone and make a list of these,
with their strength and weakness…
SHARE WITH CLASS
Sources of Law in the United
States (1)
 Constitutions
 The U.S. Constitution establishes the federal
government and enumerates its powers.
 Powers not given to the federal government are
reserved to the states.
 State constitutions establish state governments
and enumerate their powers.
.
Sources of Law in the United
States (2)
 Codified law
 Statutes are enacted by Congress and state
legislatures.
 Ordinances are enacted by municipalities and
local government agencies.
 Both establish courses of conduct that must be
followed by covered parties.
Sources of Law in the United
States (3)
 Treaties
 The president, with the advice and consent of the
Senate, may enter into treaties with foreign
governments.
 Executive orders
 Issued by the president and governors of states
 They regulate the conduct of covered parties
Sources of Law in the U.S.
(4)
 Administrative agency regulations and
orders
 Administrative agencies are created by the
legislative and executive branches of government.
 They may adopt administrative regulations and
issue orders that regulate the conduct of covered
parties.
Sources of Law in the United
States (5)
 Judicial decisions
 Federal and state courts decide controversies.
 In doing so, they issue decisions that state the
holding of each case and the reasoning used by
the court in reaching its decision.
The Doctrine of Stare
Decisis (1 of 2)
 Based on the common law tradition, past
court decisions become precedent for
deciding future cases.
 Lower courts must follow the precedent
established by higher courts.
The Doctrine of Stare
Decisis (2 of 2)
 Thus, all federal and state courts in the U.S.
must follow the precedents established by
U.S. Supreme Court decisions.
 Adherence to precedent is called stare
decisis.
Priority of Law in the
United States (1 of 2)
 The U.S. Constitution and treaties take
precedence over all other laws.
 Federal statutes take precedence over federal
regulations.
 Valid federal law takes precedence over
conflicting state or local law.
Priority of Law in the
United States (2 of 2)
 State constitutions rank as the highest state
law.
 State statutes take precedence over state
regulations.
 Valid state law takes precedence over local
laws.
CONCLUSION
LAW is the set of established rules enacted to
make it easier for people to live together in
society.
LAW has grown out of thousands of years of
experience and is still growing and changing
as society grows and changes.
CLASS ACTIVITY
Partner with someone and think / write about
this:
1) Give an example of something you think
should be a law but is not, and why that law
is needed;
2) Give an example of a current law you think
should be changed, and why it should be
changed.