Intro to Law “Laws are like sausages, it’s better to not see them being made”- Bismarck.

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Presentation transcript:

Intro to Law “Laws are like sausages, it’s better to not see them being made”- Bismarck

What is Law?? Rules that help communities tell people what is right or wrong and that protects the rights of the individual.

Jurisprudence The study of law and legal philosophy.

Questions that come from law Why do we have a criminal justice system? What is the overall purpose of the justice system? Whose interests does the system serve? How do we measure the effectiveness of the system?

Classical School of Criminal Justice John Locke Thomas Hobbes Cesare Beccaria Jeremy Bentham

Thomas Hobbes Who IS this guy? What are his views on human nature? What does he mean by the “social contract”? What is the best type of government?

“Leviathan”

John Locke Who is THIS guy? What is his view on human nature? What does he mean by “social contract”? What is the best style of government?

Cesare Beccaria Utilitarianism Punishment fits the crime Deterrence “The greatest happiness for the greatest numbers”

Jeremy Bentham I’m going to stick it up! There’s a Sheetz I’m hungry! “Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it.” Introduction to the Principles of Morals and Legislator What stops most people of sticking up Sheetz when they are hungry?

Criticisms of the Classical School

The Positivist School of Criminal Justice Charles Darwin Cesare Lombroso Auguste Comte

“Origins of Species” and “The Descent of Man” “Anatomy is destiny”- Sigmund Freud Social Darwinism “I am the ape man, I am the ape man, I am the walrus, Cucucacho”- John Lennon

Auguste Comte HypothesesExperimentsTruth and Laws Human conduct and cultural traits? Rehabilitation Responsibility for actions?

Biology and criminality? “Phrenology”

Criticisms of the Positivist School

Foundations of the Legal System Each has rights and responsibilities to one another.

RULE OF LAW What does it mean? What are your rights and responsibilities with this concept? What is the government’s rights and responsibilities with this concept?

Our legal system is based on morals and ethics. But not everything that is immoral is illegal. What are some examples of this?

GOALS OF OUR LEGAL SYSTEM Protect Basic Human Rights Promote Fairness Resolve Conflicts Promote Desirable Social and Economic Behavior What about abortion? What about affirmative action? Examples?

TYPES OF LAW (based on the origin) Constitutional Statutory Court Decisions 1.Common Law or 2. Precedents

The 2 Major Divisions of Law Criminal Law- defines public wrongs and provides for their punishment Civil Law- law related to human conduct, disputes between private parties, or private parties and the government

Crim Law Civ Law 15% 85%