Development of Law Development of Law in American Society:in American Society:

Jurisprudence Jurisprudence

Justice vs. FairnessJustice vs. Fairness

Ancient LawsAncient Laws

Code of Hammurabi: Code of Hammurabi: 1760 BC1760 BC

First known First known system of system of written lawwritten law

Over 250 harsh Over 250 harsh lawslaws

Legal CodeLegal Code – – statements of statements of what is legal & what is legal & illegalillegal

Ten CommandmentsTen Commandments Found in the BibleFound in the Bible Created about 1200 Created about 1200

B.C.B.C. Followed by Hebrews Followed by Hebrews

in ancient Palestinein ancient Palestine Moral CodeMoral Code – –

statements of what statements of what is right & wrongis right & wrong

Draconian Law: 621 Draconian Law: 621 BCBC

First written law First written law of Athens, Greeceof Athens, Greece

Very harshVery harsh Retribution=Retribution=

PunishmentPunishment Legal Code-what is Legal Code-what is

right & wrong right & wrong according to the lawaccording to the law

Justinian Codes: 530 Justinian Codes: 530 ADAD

Harsh Roman lawHarsh Roman law Emperor Justinian Emperor Justinian

I compiled & I compiled & simplified all of simplified all of the previous the previous Roman codes of Roman codes of law in A.D. 533law in A.D. 533

British Common British Common Law: 1100’s A.D.Law: 1100’s A.D.

Most important Most important source of American source of American lawlaw

Common law is law Common law is law based on previous based on previous court decisionscourt decisions

Established in many Established in many of the English of the English coloniescolonies

Magna Carta: 1215Magna Carta: 1215

Limited the Limited the powers of powers of the English the English kingking

Granted new Granted new rights & lawsrights & laws

English Bill of Rights: 1689 English Bill of Rights: 1689 A.D.A.D.

Further restricted the Further restricted the powers of the British powers of the British monarchymonarchy

Holds many of the Holds many of the ideas that we now have ideas that we now have in our Bill of Rightsin our Bill of Rights Freedom of SpeechFreedom of Speech Right to fair trialRight to fair trial No cruel & unusual No cruel & unusual

punishmentpunishment

Influences on Influences on American LawAmerican Law

Iroquois LeagueIroquois League~1500 AD ~1500 AD

United Several Tribes United Several Tribes together in attempt to together in attempt to unify the area & stop unify the area & stop fighting between tribesfighting between tribes

This impacted our This impacted our development by giving development by giving Ben Franklin the idea Ben Franklin the idea to write the Albany to write the Albany plan of Union (1754) plan of Union (1754) that called for a united that called for a united colonies & increased colonies & increased relations with Englandrelations with England

The Iroquois Constitution: The Iroquois Constitution: 1500’s1500’s

Oral constitution of a Oral constitution of a confederacy of 6 Native confederacy of 6 Native American tribesAmerican tribes

Inspired Benjamin Franklin & Inspired Benjamin Franklin & James Madison when writing the James Madison when writing the U.S. ConstitutionU.S. Constitution

Iroquois Indians (fought in Iroquois Indians (fought in the French & Indian war)the French & Indian war)

Ben Franklin was the author Ben Franklin was the author of this cartoon.of this cartoon.

House of Burgesses: House of Burgesses: 16191619

First representative First representative assembly in North assembly in North AmericaAmerica

Marked the Marked the beginning of self-beginning of self-government & law-government & law-making in the making in the coloniescolonies

Mayflower Compact: Mayflower Compact: 16201620

Set up a direct Set up a direct democracy for democracy for Pilgrims in Pilgrims in Plymouth, MAPlymouth, MA

social contract: social contract: consented to consented to follow the rules & follow the rules & regulations of the regulations of the government for the government for the sake of survivalsake of survival

Locke's Locke's Second Treatise of Second Treatise of GovernmentGovernment

16391639 Natural Rights: Life, Liberty, Natural Rights: Life, Liberty,

PropertyProperty

Social Contract between people Social Contract between people & government& government

Citizens surrender freedoms in Citizens surrender freedoms in exchange for the order & exchange for the order & protection according to the rule protection according to the rule of law of law

Montesquieu: Montesquieu: Spirit of the Spirit of the LawsLaws17481748

Separation of Powers (The Separation of Powers (The executive, legislative, & executive, legislative, & judicial) judicial)

One branch of government One branch of government checks the power of otherschecks the power of others

The Social Contract: The Social Contract: 17621762

Book written by Book written by RousseauRousseau

Expanded on the Expanded on the enlightenment ideas of enlightenment ideas of John LockeJohn Locke

government can only government can only be ideal if approved by be ideal if approved by the peoplethe people

Declaration of Declaration of Independence: 1776Independence: 1776

Holds many of the Holds many of the ideas of Rousseau & ideas of Rousseau & John LockeJohn Locke

States justification for States justification for the colonies becoming the colonies becoming independentindependent

Written by Thomas Written by Thomas Jefferson Jefferson

U.S. Constitution: U.S. Constitution: 17781778

Current U.S. Current U.S. basis of lawbasis of law

Based heavily Based heavily on British on British traditionstraditions

Supreme Law Supreme Law of the Landof the Land

United States Bill of United States Bill of Rights Rights

Drafted in 1789Drafted in 1789 First 10 First 10

AmendmentsAmendments Limits the powers Limits the powers

of the federal of the federal governmentgovernment

Protect the rights Protect the rights of all citizens, of all citizens, residents & visitors residents & visitors on United States on United States territory territory

Civil Rights Act of 1964 Civil Rights Act of 1964 July 2, 1964July 2, 1964 Outlawed discrimination based on race, color, religion, Outlawed discrimination based on race, color, religion,

sex, or national originsex, or national origin prohibited discrimination in public facilities, in prohibited discrimination in public facilities, in

government, & in employment government, & in employment It became illegal to compel segregation of the races in It became illegal to compel segregation of the races in

schools, housing, or hiring schools, housing, or hiring

Civil Disobedience:Civil Disobedience: non-violent protest in order to non-violent protest in order to

influence society or government. influence society or government. Examples: Martin Luther King Jr., Examples: Martin Luther King Jr.,

Gandhi, Jesus.Gandhi, Jesus.

Legal Codes:Legal Codes: Laws of a state/nationLaws of a state/nation

Moral Codes:Moral Codes: “right & wrong” “right & wrong”

Jurisprudence:Jurisprudence: Study of law Study of law

Retribution:Retribution: usually punishment, usually punishment, payback.payback.

Keys to the NotesKeys to the Notes

Habeas Corpus:Habeas Corpus: Judge or court Judge or court investigates why a person is being investigates why a person is being held in prison (are they legally held in prison (are they legally imprisoned?)imprisoned?)

Due Process:Due Process: all citizens are insured all citizens are insured their legal rights. (trial, jury, face their legal rights. (trial, jury, face their accuser)their accuser)

In our govt there are 4 main In our govt there are 4 main sources of laws: sources of laws:

An agency may use each one of An agency may use each one of these when operatingthese when operating

Sources of LawSources of Law

(using the example of the USPS)(using the example of the USPS)

ConstitutionConstitution

Some parts of the Constitution give Some parts of the Constitution give specific laws that apply everywhere specific laws that apply everywhere in the United States. in the United States.

Example: Gives Congress the power to: Example: Gives Congress the power to: Establish Post Offices & post roads Establish Post Offices & post roads Make all laws that are necessary & Make all laws that are necessary &

proper for executing this task proper for executing this task

U.S. Code: StatutesU.S. Code: Statutes

The Constitution gives Congress The Constitution gives Congress permission to pass laws about a permission to pass laws about a limited number of topics.limited number of topics.

Example: Congress passes laws to: Example: Congress passes laws to: Establish the USPSEstablish the USPS Direct the Postal Service to provide Direct the Postal Service to provide

efficient service at fair rates efficient service at fair rates Authorize the Postal Service to adopt Authorize the Postal Service to adopt

rules & regulations rules & regulations

Code of Federal RegulationCode of Federal Regulation

Congress has the power to pass laws, but not to carry Congress has the power to pass laws, but not to carry them out. They give each agency the power to create them out. They give each agency the power to create its own rules or its own rules or regulations. regulations.

RegulationsRegulations have power similar to a law. Some have power similar to a law. Some regulations say what people can and cannot doregulations say what people can and cannot do

Example: USPS adopts regulations to: Example: USPS adopts regulations to: Establish rules for daily operations at Post Offices Establish rules for daily operations at Post Offices

around the country around the country Limit what people are allowed to do on Post Office Limit what people are allowed to do on Post Office

property property Create special postal programs Create special postal programs

Court Cases (Judicial Court Cases (Judicial Precedent)Precedent)

The judicial system hears cases about The judicial system hears cases about violations of the Constitution, the violations of the Constitution, the Code, & the Regulations. Code, & the Regulations.

The Code & the Regulations cannot The Code & the Regulations cannot violate the U.S. Constitution violate the U.S. Constitution

The courts’ interpretation of the The courts’ interpretation of the Constitution, the Code, & the Constitution, the Code, & the Regulations is like an extra “law” Regulations is like an extra “law”

Types of LawTypes of Law

Conflicting ViewsConflicting Views

Laws are supposed to..Laws are supposed to.. Protect human rightsProtect human rights Promote fairnessPromote fairness Resolve conflictsResolve conflicts Promote order & stabilityPromote order & stability Represent the will of the majorityRepresent the will of the majority Protect the rights of the minoritiesProtect the rights of the minorities

Criminal LawCriminal LawLaws that seek to prevent Laws that seek to prevent people from deliberately or people from deliberately or recklessly harming each recklessly harming each otherother

What are felonies & What are felonies & misdemeanors?misdemeanors?

Civil LawCivil LawDispute between two or more Dispute between two or more people usually involving money people usually involving money or family courtor family court

ExamplesExamplesDivorce, Child Support, Car Divorce, Child Support, Car accidents accidents (that do not involve a crime)(that do not involve a crime), , Alimony, AbuseAlimony, Abuse

Administrative LawAdministrative LawIncludes rules & regulations Includes rules & regulations made by government made by government agenciesagencies

Example: the Environmental Example: the Environmental Protection Agency creating Protection Agency creating a regulation banning a regulation banning certain types of pollutioncertain types of pollution

Statutory LawStatutory Law Deal with statutes (state law) Deal with statutes (state law)

that regulates behaviorthat regulates behavior ExamplesExamples

Speed limits, food inspection Speed limits, food inspection processes, minimum ages for processes, minimum ages for work permits, driver’s work permits, driver’s licenses, voting requirements, licenses, voting requirements, etc.etc.

Constitutional LawConstitutional Law Laws written in the constitution Laws written in the constitution that must be followedthat must be followed

Example – Rights of the accused, Example – Rights of the accused, such assuch asHabeas CorpusHabeas CorpusNo Double JeopardyNo Double JeopardyHear & Question WitnessesHear & Question WitnessesImpartial JuryImpartial Jury

Common LawCommon LawUsing previous court cases Using previous court cases to determine the lawto determine the law

Example – If a restaurant Example – If a restaurant owner denied an African-owner denied an African-American service, the American service, the courts would look back to courts would look back to Heart of Atlanta Motel v. Heart of Atlanta Motel v. U.S.U.S.

International LawInternational LawMade up of treaties, Made up of treaties, customs, & agreements customs, & agreements with other nationswith other nations

If broken, defendant can go If broken, defendant can go to the World Court (est. by to the World Court (est. by the United Nations in 1946)the United Nations in 1946)

Special Systems of LawSpecial Systems of Law

Military CourtsMilitary Courts

Congress has the power “to make Rules for the Congress has the power “to make Rules for the Government & Regulation of the land & naval Government & Regulation of the land & naval ForcesForces

Called the Uniform Code of Military Justice Called the Uniform Code of Military Justice (UCMJ) (UCMJ)

A set of criminal laws that apply to people in the A set of criminal laws that apply to people in the militarymilitary

Lists the procedures for conducting a military Lists the procedures for conducting a military trial & explains what punishments are allowed.trial & explains what punishments are allowed.

Separate from the civilian system. Separate from the civilian system. Designed for the special needs of the militaryDesigned for the special needs of the military

Juvenile CourtsJuvenile Courts People under age 18 that commit a crimePeople under age 18 that commit a crime Usually more flexibleUsually more flexible Allows a judge to look at many factors in a Allows a judge to look at many factors in a

child’s life when deciding the consequenceschild’s life when deciding the consequences Believes that young people sometimes make Believes that young people sometimes make

bad choices that they would not make if they bad choices that they would not make if they were more maturewere more mature

Offers more chances for young people to learn Offers more chances for young people to learn from mistakesfrom mistakes

Goal is rehabilitationGoal is rehabilitation