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CHAPTER 1

MATERIALS TO SUPPLEMENT TEXTBOOK

J. Pittman, Instructor

THE NATURAL LAW SCHOOL

J. Pittman, Instructor 2

• 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

DECLARATION OF INDEPENDENCE

J. Pittman, Instructor 3

IN CONGRESS, JULY 4, 1776The 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

MARTIN LUTHER KING

J. Pittman, Instructor 4

• 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

MARTIN LUTHER KING'SLETTER FROM BIRMINGHAM JAIL

J. Pittman, Instructor 5

April 13, 1963MY 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

MARTIN LUTHER KING'SLETTER FROM BIRMINGHAM JAIL

J. Pittman, Instructor 6

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?". . . .

MARTIN LUTHER KING'SLETTER FROM BIRMINGHAM JAIL

J. Pittman, Instructor 7

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

MARTIN LUTHER KING'SLETTER FROM BIRMINGHAM JAIL

J. Pittman, Instructor 8

We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal" . . .

SOURCES OF AMERICAN LAW

J. Pittman, Instructor 9

• 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

1st Tier - Law Sources – in Rank Order 2nd Tier - The Common Law Process

J. Pittman, Instructor

1. US Constitution2. Federal Statutory & Regulatory

Law3. State Constitution4. State Statutory & Regulatory

Law5. Local Law Above sources are created by

lawmakers and interpreted by courts – Stare Decisis is important regarding precedents

• Stare Decisis, or• Overruling Precedent, or• Creating First PrecedentCommon law is created by and

found only in state court opinions

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THE LEGAL PROCESS - AN OVERVIEW