Chapter 15.1Chapter 15.1

The Sources of Our LawsThe Sources of Our Laws

Section 1 – Functions of LawSection 1 – Functions of Law

American society developed around the American society developed around the principle of “a government of laws and not principle of “a government of laws and not of men.”of men.”

Laws are rules that allow people to live Laws are rules that allow people to live peacefully in society. Laws guarantee peacefully in society. Laws guarantee individual liberties because they are individual liberties because they are binding on everyone. People, binding on everyone. People, organizations and governments can deal organizations and governments can deal with one another because all know which with one another because all know which acts are permitted and which are not.acts are permitted and which are not.

continuedcontinued

To discourage criminal acts, laws set To discourage criminal acts, laws set punishments and establish a justice punishments and establish a justice system to enforce the laws. Laws also set system to enforce the laws. Laws also set rules to resolve civil disputes.rules to resolve civil disputes.

To be effective, laws much be fair and To be effective, laws much be fair and treat all people equally. They must set treat all people equally. They must set punishments that fit the crime. Ordinary punishments that fit the crime. Ordinary people must be able to understand them people must be able to understand them and government must be able to enforce and government must be able to enforce them. Most people will obey reasonable them. Most people will obey reasonable laws.laws.

continuedcontinued

The Founders based the nation’s The Founders based the nation’s system of laws on traditions and laws system of laws on traditions and laws passed down from generation to passed down from generation to generation.generation.

Early LawsEarly Laws

Laws of early human societies were Laws of early human societies were probably passed to the next probably passed to the next generation orally.generation orally.

The first known system of written law The first known system of written law was the Code of Hammurabi, a was the Code of Hammurabi, a collection of 282 laws compiled by collection of 282 laws compiled by King Hammurabi of Babylonia in King Hammurabi of Babylonia in about 1760 B.C.about 1760 B.C.

continuedcontinued

The Hebrews of ancient Palestine followed The Hebrews of ancient Palestine followed the Ten Commandments found in the the Ten Commandments found in the Bible. Commandments like “thou shall not Bible. Commandments like “thou shall not kill” are reflected in our laws today.kill” are reflected in our laws today.

The Romans called their law The Romans called their law jurisprudencejurisprudence, a word we use today to , a word we use today to mean the study of law. As in the Code of mean the study of law. As in the Code of Hammurabi, Roman penalties for offenses Hammurabi, Roman penalties for offenses were drastic.were drastic.

continuedcontinued

Over centuries, the Roman senate Over centuries, the Roman senate adopted many laws and Roman adopted many laws and Roman judges wrote commentaries on them, judges wrote commentaries on them, which became part of the law. Later which became part of the law. Later Roman emperors created laws by Roman emperors created laws by issuing edicts or commands. The issuing edicts or commands. The laws spread as the Roman Empire laws spread as the Roman Empire grew.grew.

continuedcontinued

Emperor Justinian I boiled down Emperor Justinian I boiled down Roman law into an orderly body of Roman law into an orderly body of rules called the Code of Justinian. rules called the Code of Justinian. This code became the basis of law for This code became the basis of law for the Byzantine Empire. Roman law the Byzantine Empire. Roman law also became part of the canon law of also became part of the canon law of the Roman Catholic Church.the Roman Catholic Church.

continuedcontinued

More than a 1000 years later, French More than a 1000 years later, French emperor Napoleon updated the emperor Napoleon updated the Justinian Code and called it the Justinian Code and called it the Napoleonic Code. Napoleon Napoleonic Code. Napoleon conquered much of Europe and the conquered much of Europe and the code went with him. Later code went with him. Later Europeans carried it to Asia and Europeans carried it to Asia and AfricaAfrica

continuedcontinued

American laws are based mainly on American laws are based mainly on the English system of the English system of common lawcommon law or law based on court decisions or law based on court decisions rather than on legal code. When rather than on legal code. When early English judges heard a case, early English judges heard a case, they looked in the books for a similar they looked in the books for a similar case and followed the earlier ruling case and followed the earlier ruling or precedent. or precedent. PrecedentPrecedent are legal are legal opinions that became part of the opinions that became part of the common law.common law.

continuedcontinued

English judges blended Roman law English judges blended Roman law and canon law in the body of and canon law in the body of common law. The law came to common law. The law came to include basic rights such as trial by include basic rights such as trial by jury and innocent until proven guilty.jury and innocent until proven guilty.

continuedcontinued

As the English Parliament gained As the English Parliament gained power, acts of Parliament – written power, acts of Parliament – written statutesstatutes – cam to dominate the – cam to dominate the English legal system. English settlers English legal system. English settlers in North America brought their in North America brought their traditions of common law and traditions of common law and citizens’ rights with them. Today, citizens’ rights with them. Today, common law forms the basis of our common law forms the basis of our legal system, including the tradition legal system, including the tradition of following precedents.of following precedents.