what is law?. jurisprudence study of law and legal philosophy (science or philosophy of law)...
TRANSCRIPT
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What is LAW?
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Jurisprudence• Study of law and legal
philosophy (science or philosophy of law)
• Attempts to answer the question “What is the law?”– Should law be created by
government to control people? Or
– Should people create laws to control the government?
• How does law continually evolve?
• Can you think of laws you strongly disagree with?
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Rules vs. Laws• Rules = formal
rules/regulations, made by private parties
• Laws = rules/regulations made & enforced by government (federal, state, local, tribal)
• “Rule of Law” = rules be known in advance and be created in a democratic process
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Characteristics of Effective Rules/Laws
-Clear-Consistent-Announced to all parties in advance-Applied equally and consistently-Cannot discriminate against individuals without just cause
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Laws and Values• not everything that is
immoral is illegal (Example?)
• influenced by traditional ideas of right and wrong in a society
• Fundamental Problem:– Goals of Law conflict with
our Values as a society
• Laws are the foundation of our democracy
• 7 Goals of Our Legal System:– 1. protect human rights– 2. promote fairness– 3. help resolve conflicts– 4. promote order/stability– 5. promote desirable
social/economic behavior– 6. represent will of
majority– 7. protect the rights of
minorities Do these last 2 conflict?
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Examples of Controversial Laws• The Patriot Act• Affirmative Action• Euthanasia Legislation
here in Michigan (Jack Kevorkian) (State)
• Gun Rights (State)• Marijuana (State)• Mandatory Minimum
Sentencing
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What Laws Must Do…• Balance, Balance,
Balance!!!!!….– Rights vs.
Responsibilities– Will of Majority vs. The
Right of Minority– Need for Order vs.
Human Rights
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Our First Case Study so…
• The Case of The Shipwrecked Sailors:– Is the letter of the law
concrete? (can intent be taken into consideration?)
– Do circumstances come into play?
– Demonstrates the importance of Jurisprudence…