Introduction to Law The Creation of Laws

What is Law? Jurisprudence: the study of law and legal philosophy Jurisprudence: the study of law and legal philosophy One definition of law: rules and regulations made and enforced by government that regulate the conduct of people within a society One definition of law: rules and regulations made and enforced by government that regulate the conduct of people within a society Laws balance an individual’s rights and responsibilities Laws balance an individual’s rights and responsibilities

Rule of Law The “rule of law” means that laws must be: The “rule of law” means that laws must be: Known in advance Known in advance Created through the democratic process Created through the democratic process Not be made up after the fact (i.e. you can’t punish someone for breaking a new texting-while-driving law for a violation that occurred before the law was passed) Not be made up after the fact (i.e. you can’t punish someone for breaking a new texting-while-driving law for a violation that occurred before the law was passed) No one is above the law; all members are required to obey laws No one is above the law; all members are required to obey laws

Law and Values Laws promote and protect a society’s values Laws promote and protect a society’s values Protect basic human rights Protect basic human rights Promote fairness Promote fairness Help resolve conflicts Help resolve conflicts Promote order and stability Promote order and stability Promote desirable social and economic behavior Promote desirable social and economic behavior Represent the will and desires of the majority Represent the will and desires of the majority Protect the right of minorities Protect the right of minorities

Laws and Values Laws can be based on moral, economic, political, or social values Laws can be based on moral, economic, political, or social values Moral values reflect the morality of the community (i.e. no murder) Moral values reflect the morality of the community (i.e. no murder) Economic values deal with how people and the government accumulate, preserve, and distribute wealth (i.e. taxes and laws protecting private property) Economic values deal with how people and the government accumulate, preserve, and distribute wealth (i.e. taxes and laws protecting private property) Political values reflect the relationship between the people and the government (i.e. voting laws) Political values reflect the relationship between the people and the government (i.e. voting laws) Social Values deal with issues that concern the majority of society (i.e. laws that guarantee free public education to all) Social Values deal with issues that concern the majority of society (i.e. laws that guarantee free public education to all)

For the following examples indicate whether moral, economic, political, or social values are involved (in some cases, more than one may apply). Government officials must not accept gifts from people that want them to pass certain laws Selling drugs is a crime All males, age 18 and above, must register for the military services

Laws are primarily created through two different methods: Case Law Statutory law

Statutory Law Written laws that are created and passed by a legislature (law- making body) on the state or federal level.

Case Law Law that is based on judicial decision (i.e. Supreme Court) and precedent (past case decisions).