Sources of American Law NCSCOS 6.01

Functions of Laws Laws: sets of rules allowing different people to live together in a society Laws: sets of rules allowing different people to live together in a society Defines what is and is not acceptable Defines what is and is not acceptable Sets punishments to discourage potential criminals Sets punishments to discourage potential criminals Administration of justice through law enforcement and courts Administration of justice through law enforcement and courts Establishes rules for settling disagreements over non-criminal matters Establishes rules for settling disagreements over non-criminal matters

Characteristics of Good Laws Fair to everyone Fair to everyone Reasonable punishments Reasonable punishments Understandable by the public Understandable by the public Enforceable by community, state, or federal authorities Enforceable by community, state, or federal authorities

History of Laws The laws of early societies influence legal systems today The laws of early societies influence legal systems today Earliest Laws: Earliest Laws: Unwritten ideas, traditions, and customs Unwritten ideas, traditions, and customs Probably served as a kind of law for early societies Probably served as a kind of law for early societies Passed orally from generation to generation Passed orally from generation to generation

History of Laws (continued) Moral Code: knowing and choosing between right and wrong The Ten Commandments list of moral and religious laws Hebrew Bible Important to Judaism & Christianity

History of Laws (continued) Code of Hammurabi Compiled by King Hammurabi in 1760 B.C. First known written set of laws Introduces idea of retribution ~ “an eye for an eye” Displayed publicly ~ ignorance of the law is NO excuse Yes, that’s me!

History of Laws (continued) Draconian Law (621 B.C.) Draconian Law (621 B.C.) Ancient Greeks’ first written code of law Ancient Greeks’ first written code of law Gave voice to common people Gave voice to common people Allowed them to appeal to written laws rather than upper-class judges Allowed them to appeal to written laws rather than upper-class judges Helped solidify Athenian city-state: took responsibility for retribution out of the hands of the people and into the hands of the government Helped solidify Athenian city-state: took responsibility for retribution out of the hands of the people and into the hands of the government Known for excessively severe punishments Known for excessively severe punishments

History of Laws (continued) Roman Law Roman Law First code published in 450 B.C. First code published in 450 B.C. Imperial expansion by Alexander the Great and others helps spread Roman Law through Europe, Asia and Africa Imperial expansion by Alexander the Great and others helps spread Roman Law through Europe, Asia and Africa Code of Justinian (A.D. 533) Code of Justinian (A.D. 533) Basis for law in Byzantine Empire Basis for law in Byzantine Empire Becomes part of canon laws of Roman Catholic Church Becomes part of canon laws of Roman Catholic Church Updated by Napoleon in Napoleonic Code Updated by Napoleon in Napoleonic Code Spreads to all parts of empire including Louisiana where its influence is present in many of its state’s laws Spreads to all parts of empire including Louisiana where its influence is present in many of its state’s laws

History of Laws (continued) Common law Common law English system of law based on precedent and customs English system of law based on precedent and customs Most important source of American law Most important source of American law Begins to take shape after Norman Conquest of England (1066) Begins to take shape after Norman Conquest of England (1066) Law based on precedents established by court decisions rather than a legal code Law based on precedents established by court decisions rather than a legal code a ruling that is used as the basis for a judicial decision in a later, similar case a ruling that is used as the basis for a judicial decision in a later, similar case

History of Laws (continued) (continued) Common law (continued) Common law Incorporates Roman and canon law Incorporates Roman and canon law Basic principles of individual rights evolve Basic principles of individual rights evolve Statutes come to dominate system, common law still significant Statutes come to dominate system, common law still significant Statutes Brought to North America in 1600s and 1700s by English settlers Brought to North America in 1600s and 1700s by English settlers