Sources of Laws

Functions of Law The first known system of law came from Hammurabi of Babylon. John Adams wrote in the original draft of the MA constitution that the state should have a government of laws, not of men.”

Functions of Law John Adams wrote in the original draft of the MA constitution that “the state should have a government of laws, not of men.” Adams meant that government should operate by established rules rather than changeable or prejudicial feelings of those in power.

Function of Laws Law Defined: Laws are sets of rules allowing for people to live in society peacefully. Laws are binding on everyone. Laws make it possible for people, org’s, & gov’s to deal with each other.

Purpose of Laws Keep the peace Prevent Violent acts Set punishment for violations Discourage criminal acts

Accomplishing the Functions of law Enforcement of law through the law enforcement & the courts. Set laws for resolving disputes civil disputes (contracts, money, property, noncriminal matters)

How Laws are Effective To be effective, laws must be fair and treat everyone equally. Good laws are reasonable, ordinary people must be able to understand the laws, which leads to laws being obeyed, and enforcement is accomplished easily. 4th hr

Early Law It is believed law existed in prehistoric societies with unwritten rules of behavior. Repeating, Hammurabi of Babylon had the first written code circa 1760 BC

Hammurabi His code had 283 laws regulating everyday behavior. Hammurabi’s code had harsh punishments. If some one was caught stealing he would have to pay back 10 times the value of the property taken or face death.

Ten Commandments Another early was the 10 commandments in which the Hebrews followed. It included moral rules about how people should behave towards one another. The commandments are reflected in American law today.

Roman Law The Romans made a science of the law called jurisprudence- study of the law. The first Roman code was published in 450 BC and like Hammurabi, their penalties for offenses were harsh.

Roman Law Over several centuries the Roman Senate created many laws. Later Roman emperors would create law by issuing edicts- commands equivalent to laws. Roman law would spread through Europe, Africa & western Asia.

Roman Law In 533 AD Emperor Justinian I narrowed the Roman code down into a manageable set of rules called the Justinian Code. These laws also became part the laws of the Roman Catholic Church.

Roman Law 1200 years later French Emperor Napoleon Bonaparte updated the Justinian Code and called it the Napoleonic Code. Napoleon would go on to conquer much of Europe in the 19th century implementing his code along the way.

Roman Law The Napoleonic Code would also be implemented in Louisiana which was French Territory until it was sold to the U.S. in 1803 during the Jefferson Administration.

English Law The most important source of American Law is English Law. The greatest contribution of English Law was common law – law based on court decisions rather than legal code.

English Law After the Norman conquests of 1066 English kings sent judges into the countryside to administer justice. Over time these judges would compare facts and rulings setting Precedents- a basis for common law based on opinion.

English Law English judges the blended Roman Law, Canon Law into Common Law. By the 17th century, English Parliament began writing statutes- coded law, which still dominates today.

English Law When settlers came to the North America they brought with them their knowledge and traditions of the English System. Today the Common Law and Precedents are still apart of the American system.