Introduction to the Law and
Legal System
Chapter 1
What is Law?
 Rules and regulations made and enforced
by government that regulate the conduct of
people within a society.
– Parental Laws: Chores, Bedtime
– Government Laws
 Every society in history
has had them
 Without Laws =
Confusion and Chaos
 No one can be above
the Law
Laws and Values
 Law’s reflect society’s values
– Murder, theft, rape etc.
Class Discussion Question
 Think of a normal day and write down at
least 5 activities that you are engaged in
during the day. After coming up with those
5 activities, list some laws that you are
familiar with that coincide or go along with
these activities. What is the purpose of the
laws you have identified? Would you
change any of these laws?
Goals of the legal system
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Protect basic human rights
Promote fairness
Help resolve conflicts
Promote order and stability
Promote desirable social and economic
behavior
– Represent the will of the majority
– Protect the rights of minorities
Interpretation of Law
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There are laws against murder, but what
about the case of self defense? What
about during times of war? What about
abortion?
Law and Values Con’t
 Laws must balance rights with
responsibilities, the will of the majority with
the rights of the minority, the need for order
with the need for basic human rights.
 Laws can be based on moral, economic,
political, or social values. As values
change, so can laws.
Law and Values Con’t
 Moral values deal with fundamental
questions of right and wrong.
– For example: Laws against killing promote
society’s primary moral value—the protection of
life.
– However, some things that are considered
immoral may not violate the law
 QUESTION: What are some immoral actions that
may not be against the law?
Law and Values Con’t
 Economic values deal with the
accumulation, preservation, use, and
distribution of wealth.
 Many laws promote economic values by
encouraging certain economic decisions and
discouraging others.
– For example: The law encourages home
ownership by giving tax benefits to people who
borrow money to pay for a home.
Law and Values Con’t
 Political values reflect the relationship
between government and individuals.
 Laws making it easier to vote promote
citizen participation in the political process, a
basic American political value.
Law and Values Con’t
 Social values concern issues that are
important to society.
– For example: It is an American social value that
all students be provided with free public
education through high school.
 Like other values, social values can change.
In the past society believed that school sports
were not as important for girls as for boys.
– Today, laws require schools to provide females
with sports opportunities similar to those offered
to males.
Laws/Society
 Laws cannot solve all of society’s problems
 Example: Prohibition Act 1919 made alcohol
illegal
Human Rights
 Human rights are the rights all people have
just because they are human beings.
 To advocate human rights is to demand that
the dignity of all people be respected.
 Both government and private individuals can
violate human rights.
 Human rights apply in people’s homes,
schools, and workplaces.
Human Rights Con’t
 The Universal Declaration of Human Rights
is a statement of human rights which has
been agreed to by almost every country.
– First written and adopted by the United Nations
in 1948 under the leadership of Eleanor
Roosevelt.
– Today every country that belongs to the UN
agrees to promote, recognize, and observe
these rights.
Human Rights Con’t
 Two other major treaties include:
– The International Covenant on Civil and Political
Rights (which protects rights such as freedoms
of speech, religion, and press and the right to
participate in government)
– The International Covenant on Economic,
Social, and Cultural Rights (which provides for
rights such as the right to adequate education,
food, housing, and health care)
Constitutional Framework
 Constitution = Highest Law of The Land
 Key is Limited Government
– Government can only pass laws listed in Article
I of Constitution
Separation of Powers
Executive Branch
Legislative Branch
Judicial Branch
The Executive Branch
 (The President and Federal Agencies)
 They enforce the laws
The Legislative Branch
 (Congress) House of Representatives and
the Senate
 They pass the laws
The Judicial Branch
 The Courts
 They interpret the laws
 The Supreme Court
Checks and Balances
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This system assures that one branch cannot
become too powerful.
Examples: Executive branch can veto laws
made by Congress.
Judicial branch can declare laws
unconstitutional.
Legislative branch can impeach the
President.
Executive branch can choose members
of Judicial.