What is Law?

Laws are enforceable rules of conduct in a society, which reflect the culture and circumstances that create them. Codes are laws grouped into an organized form.

The first law code was set down 4000 years ago by King Hammurabi of Babylon it has many similarities to our current law codes! Hammurabi’s Law Code had sections addressing the following topics: Criminal Law Property Law Business Law Family Law Personal Injury Law Labor Law

Why do we need the same protections from the conduct of others as we did thousands of years ago? What types of behaviors might we need to be protected from?

1. Individual take revenge for wrongs done to them. 2. Awards of money or goods are substituted for revenge. 3. Court systems are formed. 4. A central authority figure intervenes to prevent and punish wrongs.

Laws reflect the wisdom – or lack thereof – of their creators. Laws should be predictable and flexible. What does that mean? What will happen if the system of laws established is not predictable? What will happen if the legal system is too controlling and/or too rigid to adapt with society?

Common Law is based on the current standards or customs of the people it governs. Positive Law is set down by a central authority to prevent disputes and wrongs from occurring in the first place

The world’s two great systems of law are the English Common Law and the Roman Civil Law. Countries with systems patterned after the civil law have: Written Well organized Comprehensive Statutes in code form Only ONE state in the US has law based on a civil law system: Louisiana French influence of food, customs, and law (French Napoleonic Code)

1 st Feudal Systems Feudal barons settled disputes based on local customs Laws varied from region to region 2 nd Kings Courts King Henry II appointed judges and gave them power to order wrongdoers pay restitution During good weather months the judges would “ride circuit” into the countryside holding court in the villages During bad weather months the judges would meet in London and hear cases that may have been decided unwisely during the circuit Called “King’s Bench”

The baron’s courts kept the power to hear small cases. The King’s courts took the power to decide the most important cases Why do you think the king split the power like this?

King Henry knew that court cases should be decided in harmony with the customs of the people What consequence was he trying to avoid? The King’s Bench was instructed to gather citizens form each region to help interpret the customs. A jury is unique to an English Common Law System.

The system of “Circuit Court” rulings and appeals to the King’s Bench created “standards”. Centuries worth of “standards” became a network of thousands of unified, custom based laws – English Common Law. This customs-based, unified system of laws is unique and very adaptable to changes in society. This made it a great model for legal systems world wide—including the US!

English Common law carefully followed precedent. What does that mean? There were disadvantages: Rigid adherence o proper form The court was limited to granting damages— wrongdoing could only be punished not prevented. What kinds of law prevents wrongdoing?

If you could foresee an action was going to hurt you and you wanted to stop it before it happened you could (if you were rich/powerful enough) petition the King. The king may appoint the chancellor to hear your case and make a ruling based on equity or fairness. The chancellor could: Compel action from a party Issue an Injunction This was not available to the average person until the King created Equity Courts which had the power to: Issue injunctions or compel specific action