5.1 History of Law

Preview Questions How have legal codes changed over time? What role have philosophers played in the development of law in the United States? Should moral codes play a role in society?

Philosophy of Law Laws are rules that are binding on all people living in a community, state, or nation. They: Bring order to or lives Penalties to discourage people from committing crimes Allow people to settle disagreements peacefully in a fair system of justice Protect citizens from abuse by other people, organizations, and even the government Promote welfare of society by protecting it from certain dangers Laws can be good or bad

Enlightenment Philosophers

Charles Montesquieu European political thinker during the Age of Enlightenment These philosophers stressed reason Most famous for his thoughts on Separation of Powers No single branch would have all of the power. They would be independent of each other.

John Locke English philosopher Famous ideas: Natural Right Social Contract

Jean Jacques Rousseau Inspired the French Revolution He believed that man could be corrupted by society. There was no “good” or “bad” He believed if you give up some freedom to live in a society and be controlled by the government, you will have a better society (Social Contract). He believed the people should decide and agree how they are governed (Popular Sovereignty)

Jean Jacques Rousseau

The Social Contract The idea that the people should decide how to be governed (popular sovereignty) Everyone is born with certain “natural rights” Hobbes, Locke, & Rousseau were the most famous philosophers of this idea Inspired democracy & Thomas Jefferson

The Social Contract

Magna Carta Latin for the Great Charter (1215) Most significant early influence on constitutional law Limited the King of England’s power Influenced common law and the US Constitution One of the most important legal documents in the history of democracy

British Common Law In its earliest days, England had no written laws People developed rules to live by and these rules and customs came to have the force of law As a system of courts arose, the courts’ decisions became the basis of law. When the judges would look to decide cases, they would look for a precedent, or a ruling in an earlier case that was similar.

English Bill of Rights Added in 1689 after the Glorious Revolution Basic document, along with the Magna Carta in British constitutional law Protected the rights of the citizens and limited the power of the constitutional monarchy We borrowed much of the English Bill of Rights in our US Bill of Rights

House of Burgesses 1st elected legislative assembly in the New World Established in Virginia in 1619 It was a representative assembly.

Mayflower Compact 1st governing document in the Plymouth colony (Massachusetts) Drafted by the Pilgrims in 1620 The government would get its power from the consent of the governed It is an example of direct democracy through town meetings.

Declaration of Independence Signed by the 2nd Continental Congress July 4, 1776 The USA declared its independence from Great Britain Written by Thomas Jefferson, explaining to the king and Parliament why we are breaking away Inspired by John Locke, British taxes, Common Sense, and all that other Revolutionary War stuff!!!

Signing of the Declaration of Independence

The U.S. Constitution USA most important document It is the government that we currently use and have used for over 200 years. Preamble, 7 Articles, and the 27 Amendments The ability for the Constitution to change is the reason for its success. It is a “living document”

Legal vs. Moral Codes Legal Code Complex definitions of “right” and “wrong” and based on a value system Dictate proper personnel conduct Rarely is there anything simple about one’s values, ethics, etc The difficulty lies in the fact that morals are often part of a religion. Separation of Church and State? Legal Code A body of law written and enforced by a state Specifies court procedures and rules of evidence Broadcasts an idea of public morality and the way people should live

Legal Codes

Hammurabi’s Code About 4,000 years ago King Hammurabi of Ancient Babylon had a series of laws Put together in a list, or code of laws 1st written laws The punishments were very harsh “Eye for an Eye, Tooth for a Tooth”

Justinian Codes Ancient Romans, took their complex legal system to all lands they conquered Laws became a science called jurisprudence (the study of law) In the 6th century, Emperor Justinian I produced a simplified legal code The word “justice” comes from his fair system of legal codes.

Draconian Laws A code of laws prepared by Draco of Athens, Greece These laws were very severe, and the term “Draconian” is now sometimes applied to any laws of unusual harshness

Napoleonic Code Years after Justinian, Napoleon Bonaparte updated his code. It was carried to all French colonial lands, including Louisiana (sold to the US in 1803) Louisiana’s laws are still based on this code

The Ten Commandments Another early set of written laws found in the Old Testament of the Bible Many of the commandments are found in laws today Thou shalt not murder Thou shalt not steal Many people believed God would punish them for breaking his laws