Section 1: WHAT IS LAW?

  Define the term law.  Explain several reasons for having laws.  Examine several strange laws still in effect in various states.  Simulate the chaos that having no laws can cause. Objectives:

  American Law has its roots in English Common Law, Roman Law and Christianity I. Origin of American Law

  Best preserved legal document  Created by Babylonian ruler, Hammurabi  Created so all men would A. Code of Hammurabi

  know what was required of them  There is no #13 Law because they believed the number was evil and unlucky. A. continued

  The Book of Exodus tells how God inscribed the Ten Commandments on two stone tablets and gave to Moses at Mt. Sinai B. Ten Commandments

  B. continued

  Placed law on practical, structured footing  Created to organize civilization  Served basis for later legal systems throughout Europe, except England C. Roman Law

  Made by judges who apply their common sense and knowledge of legal precedence to the facts before them.  Prevalent everywhere in the U.S. except Louisiana. D. English Common Law

  Rules and regulations made and enforced by government.  Regulates the conduct of people within a society II. Law Defined

  Study of law & legal philosophy  Helps define law A. Jurisprudence

  Govt. made laws affect every aspect of daily life  Without laws, there would be confusion and disorder B. Law & Society

  Laws are influenced by society’s ideas of right & wrong.  Laws reflect & promote society’s values  Can be based on moral, economic, political or social values III. Law & Values

  Deal with the questions of right or wrong A. Moral Values

  Deal with accumulation, preservation, use & distribution of wealth  Ex. Homebuyer tax credit and shoplifting laws B. Economic Values

  Reflect the relationship between govt. & individuals  Laws making it easier to vote promote citizen participation C. Political Values

  Concerned with issues that are important to society. D. Social Values

  For a law to be fully effective, it must be fair & enforceable.  There is a limit to what laws can be reasonably expected to do. IV. Limits of the Law

  A democratic system of govt. cannot function effectively unless its laws are respected.  Society must be based on the “rule of law.”  No one is above the law; all have to obey the law V. Law & Human Rights

  Rights that each of us possess as human beings  Political, Social, Economic and Environmental A. Human Rights

  Include freedoms of speech, religion, press and the right to participate in govt. 1. Political Rights

  Rights to adequate education, food, housing and healthcare 2. Social Rights

  Right to hold a job w/fair & safe working conditions  Right to own property 3. Economic Rights

  Right to live in a clean & safe environment 4. Environmental Rights

  To protect human rights, the U.S. has signed a number of international documents  Constitutions  Declaration of Rights B. Human Rights Protection

  “With every right there goes a responsibility” C. Balancing Rights w/Responsibilities

  Rights don’t automatically make for rightness  Self-centered focus & loss of a sense of community  Radical individualism 1. About Rights

  Many laws require citizens to act responsibly  Ex. Parents must provide their children with basic needs, Drivers must obey traffic laws, etc. 2. Responsibility