What is Law?

Jurisprudence is devoted to answering this question!

The rules and regulations made and enforced by government that can regulate the conduct of people within a society.

Without laws, there would be confusion and disorder.

Are all laws written?Native American tribal rules and regulations (laws) were not written. Because of this, “the white man” thought that the nations were lawless.

Laws and ValuesLaws usually reflect and

promote society’s valuesLegal system influenced by

traditional ideas of right and wrong

Laws can be based on moral, economic, political, or social values

Moral ValuesQuestions right vs wrong Is all killing wrong?

*murder*self-defense*soldier at war*death penalty

Economic ValuesThe accumulation,

preservation, use, and distribution of wealth

Interest paid on credit cards vs home mortgage

Looting and Shoplifting Laws

Political ValuesReflect the relationship

between government and individuals

Promote participation in the political process (Voting)

Who makes laws?

Social ValuesIssues that are important to society*Discrimination*Private Property

Can social values change?

Are all immorals illegal?

Rape is immoral; is it legal?

Lying is immoral; is it illegal?

Goals of the legal system Protect basic human rights

Promote fairness Help resolve conflicts Promote order and stability Protect the environment Represent the will of the

majority Protect the rights of the

minority

Law and Human Rights In a democratic society, all

laws must be respected in order or government to function properly

All members of society must obey the laws

Categories of human rights

1. Political Freedoms of speech,

religion, press, and the participation in government

2. Social Adequate education, food,

housing, and health care3. Economic Have a job with fair & safe

working conditions; to own property

4. Environmental Clean and safe environment

International Protection of Human Rights The United States has recognized

and signed the following documents: *Universal Declaration of Human

Rights *the Covenant on Political and Civil

Rights Considering ratifying the

International Declaration on the Rights of the Child

Balancing Rights with Responsibilities Individual rights must be balanced with

the responsibility of that right Example: trial by jury (right), serve as juror

(responsibility)

Example: have children (right), provide for those children (responsibility)

Kinds of LawsTwo major groups: 1. criminal: -regulate public conduct and set duties owed to society

-legal action is bought about by government (prosecutor) against defendant

-must prove beyond a reasonable doubt

-penalty (imprisonment, fines, or both)

-divided into: felonies- more serious crimes

with more than one year in prisonExample: rape, murder

misdemeanors- less serious crimes with prison term of one year or less

Example: minor theft

2. Civil Laws Regulate actions between individuals

and/ or groups of individuals Civil action can be bought about by

anyone who feels wronged (plaintiff) Plaintiff wins by convincing the jury by

a preponderance of the evidence (is the plaintiff’s complaint more likely than not

Damaged party usually awarded moneyExample: car wreck

Regulate many everyday situations (ex: marriage, contracts, insurance)

Sometimes, in a single action, one can violate both civil and criminal laws

Example: car accident- person responsible is speeding, hit another person’s property, medical bills

United States Constitution the highest law of the land Drafted over 200 years ago, the

oldest Constitution in the world, yet younger government

Provides basic framework of government

Lists government’s powers and limits

List of people’s freedoms that government can’t take away

Principle of Limited Government Constitution limits national

government to pass laws that are only listed in Article I

Preserves individual liberty and freedom to govern without interference

Division of lawmaking

Provided in the US Constitution

Divides lawmaking duties amongst three branches (separation of powers)

Executive Branch

The president and federal agencies

Enforces lawsBecomes a lawmaker when

rules and executive orders are issued

Legislative Branch

Congressmakes laws (statutes at the

state level)

Judicial BranchCourtsEstablishes laws through

rulings and interpretations Judicial review- allows the

courts to void a law passed by Congress or state if in conflict with US Constitution

-declared unconstitutional

Branches are independent, but can restrain the other branches through check and balances

Designed to keep one branch from being to powerfulExample: Congress passes a law, President vetoes it

Federalism Division of power between the

federal and state governments Limit on the power of the federal

government (listed in the Constitution)

Most civil and criminal laws are passed by state legislatures because of limit on Federal Government

The Bill of Rights First 10 amendments to the US

Constitution Guarantees the fundamental

rights and liberties of all Americans

Limits the powers of all levels of government

State Constitutions Reflect the major principles of

the US Constitution Provide for different branches of

government, separation of powers, checks and balances, and judicial review

Some provide greater protection of rights than US Constitution

Changes to US Constitution Difficult to change Reflect changing viewpoints Two ways: Proposed

amendment to be approved by either 2/3 of Congress or 2/3 of states at a convention and ratified by ¾ of the states

27 amendments have been added