CHAPTER 1
MATERIALS TO SUPPLEMENT TEXTBOOK
J. Pittman, Instructor
1-1
THE NATURAL LAW SCHOOL
• Natural law denotes a system of moral principles that are
inherent in human nature
• The moral principles are usually identified through belief in God
and a religious system, or through the application of human
reason
• For example, consider the Declaration of Independence
J. Pittman, Instructor
2
DECLARATION OF INDEPENDENCE
IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States
of America
We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness
J. Pittman, Instructor
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MARTIN LUTHER KING
• The natural law school influenced the civil rights movement of
the 1960s – as reflected by Martin Luther King's writings
• The following letter excerpt was written after Reverend King lead
peaceful civil disobedience against racial segregation in
Birmingham, Alabama in 1963
J. Pittman, Instructor
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MARTIN LUTHER KING'S
LETTER FROM BIRMINGHAM JAIL
April 13, 1963
MY DEAR FELLOW CLERGYMEN:
While confined here in the Birmingham city jail, I came across your
recent statement calling my present activities "unwise and
untimely." . . . I want to try to answer your statements in what I
hope will be patient and reasonable terms
J. Pittman, Instructor
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MARTIN LUTHER KING'S
LETTER FROM BIRMINGHAM JAIL
You express a great deal of anxiety over our willingness to break
laws. This is certainly a legitimate concern. Since we so diligently
urge people to obey the Supreme Court's decision of 1954
outlawing segregation in the public schools, at first glance it may
seem rather paradoxical for us consciously to break laws. One
may ask: "How can you advocate breaking some laws and
obeying others?". . . .
J. Pittman, Instructor
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MARTIN LUTHER KING'S
LETTER FROM BIRMINGHAM JAIL
The answer lies in the fact that there are two types of laws: just and
unjust. Now, what is the difference between the two? . . . A just
law is a man-made code that squares with the moral law or the
law of God. An unjust law is a code that is out of harmony with
the moral law
J. Pittman, Instructor
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MARTIN LUTHER KING'S
LETTER FROM BIRMINGHAM JAIL
We should never forget that everything Adolf Hitler did in Germany
was "legal" and everything the Hungarian freedom fighters did in
Hungary was "illegal" . . .
J. Pittman, Instructor
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SOURCES OF AMERICAN LAW
• At the federal level, the primary sources of law include the
Constitution, federal statutes and regulations, and executive
orders
• At the state level, the same sources of law exist – a constitution,
statutes, and so forth
• State courts also create law through the common law process, a
power the federal government lacks
J. Pittman, Instructor
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THE LEGAL PROCESS - AN OVERVIEW
1st Tier - Law Sources – in Rank
Order
1. US Constitution
2. Federal Statutory & Regulatory
Law
3. State Constitution
4. State Statutory & Regulatory
Law
5. Local Law
2nd Tier - The Common Law
Process
• Stare Decisis, or
• Overruling Precedent, or
• Creating First Precedent
Common law is created by and
found only in state court
opinions
Above sources are created by
lawmakers and interpreted by
courts – Stare Decisis is important
regarding precedents
J. Pittman, Instructor
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