What is Law?

Law (n.) Rules and regulations made and enforced by government that regulate the conduct of people in a society.

“Good” laws To be effective, laws must be… CLEAR CONSISTENT FAIR Words reflect the intent of the lawmakers CONSISTENT FAIR ENFORCEABLE

Reasons for Laws Protect basic human rights Promote fairness Help resolve conflicts Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of the minority

1.) Protect basic human rights Rights EVERY human should have protected Universal Declaration of Human Rights (1948) Written by United Nations Not a binding treaty Agreed to by almost every county in the world, but…

Universal declaration of human rights ALL humans… Are born free and equal Have human rights, regardless of gender, skin color, language, religion, status, etc. Have the right to live, and to live in freedom and safety Have freedom from slavery Have freedom from torture Have a right to a public, impartial trial Have a right to free speech Have a right to their religion …etc

2.) Promote Fairness Voting Rights Act of 1965 Title IX Affirmative Action

3.) Help resolve conflicts Creation of a tiered court system Right to a trial by jury

4.) Promote Order & Stability Laws against murder Laws against theft

5.) Promote desirable social & Economic Behavior Tax exemptions for charities Financial aid for colleges

6.) Represent the will of the majority Jim Crow Laws (1896-1965) Prohibition (1920-1933)

7.) Protect the rights of the minority Voting Rights Act of 1965 Affirmative Action Gay marriage

What is a “minority”? A group that experiences a narrowing of opportunities (success, education, wealth, etc.) that is disproportionately low compared to their numbers in society. Can be based on… • Race • Religion • Disability • Ethnicity • Sexuality • Education • Gender • Age • Politics

Laws are based on values

Laws & values Moral Values Right vs. wrong Economic Values Killing of an enemy soldier? Killing in self-defense? Economic Values Allocation, preservation, use, and distribution of wealth Tax benefits to those who have a mortgage Laws against shoplifting to discourage stealing

Laws & values 3. Social Values Issues important to society Free public education up to grade 12 Title IX 4. Political Values Relationship between the gov’t and individuals “Motor voter” law Freedom of Speech

Laws & Values Just like the goals of the legal system, the values that guide lawmaking can often overlap Theft has moral, economic, & political issues tied to it Values can differ based on region, religion, race, age, etc. Values, especially social values, often change Medical marijuana Gay marriage Prohibition (1920-1933)

Conflict of values Laws designed to protect certain values may interfere with other important values USA PATRIOT Act of 2001 NSA PRISM Surveillance Program (Edward Snowden) Both laws praised for protecting us from terrorist activity Both laws criticized for making certain searches and electronic eavesdropping easier