What is LAW?

Jurisprudence Study of law and legal philosophy Attempts to answer the question “What is the law?” Should law be created by government to control people? Should people create laws to control the government? How does law continually evolve? Can you think of laws you strongly disagree with?

Rules vs. Laws Rules = formal rules/regulations, not necessarily made by the government Laws = rules/regulations made & enforced by government “Rule of Law” = rules be known in advance and be created in a democratic process

Laws and Values not everything that is immoral is illegal a legal system is influenced by traditional ideas of right and wrong in a society Fundamental Problem: Goals of Law conflict with our Values as a society Our Laws our the foundation of our democracy 7 Goals of Our Legal System: 1. protect human rights 2. promote fairness 3. help resolve conflicts 4. promote order/stability 5. promote desirable social/economic behavior 6. represent will of majority 7. protect the rights of minorities

Examples of Controversial Laws The Patriot Act Affirmative Action Euthanasia Legislation here in Michigan (Jack Kevorkian) (State) Guantanamo Bay…President Obama is closing it down! Gun Rights (State) Marijuana (State) Death Penalty (State)

What Laws Must Do… Balance, Balance, Balance!!!!!…. Rights vs. Responsibilities Will of Majority vs. The Right of Minority Need for Order vs. Human Rights

Preview of Our First Case Study The Case of The Shipwrecked Sailors: Is the letter of the law concrete? Do circumstances come into play? Demonstrates the importance of Jurisprudence…