Development of Law in American Society: Jurisprudence Justice vs. Fairness

Ten Commandments ~1513 B.C Form of Moral Code that has impacted all systems of law and justice Moral Code  Guidelines for what is “right and/or wrong”

Draconian Law ~621 BC A Form of Legal Code that allowed people to appeal Also allowed retribution to be dealt out by the government not the people Legal Code-what is right and wrong according to the law Retribution=Punishment KEY-Draconian is Greek Law…Greece is a democracy

Justinian Code ~530 AD Established the Emperor as absolute authority with limited power Helped spread Christianity throughout Europe KEY: Justinian Code is always Roman Law…Rome is a republic

Code of Hammurabi Created about 1760 BC Created about 1760 BC The first example of the legal concept that some laws are so basic as to be beyond the ability of even a king to change The first example of the legal concept that some laws are so basic as to be beyond the ability of even a king to change Because Hammurabi had the laws (282) inscribed in stone, they were unchangeable Because Hammurabi had the laws (282) inscribed in stone, they were unchangeable

Magna Carta Issued in A.D Issued in A.D Most significant early influence on the historical process that led to the rule of constitutional law Most significant early influence on the historical process that led to the rule of constitutional law Protected right of Habeas Corpus and due process Protected right of Habeas Corpus and due process Will of the King could be bound by law Will of the King could be bound by law

Iroquois League ~1500 AD United Several Tribes together in attempt to unify the area and stop fighting between tribes United Several Tribes together in attempt to unify the area and stop fighting between tribes This impacted our development by giving Ben Franklin the idea to write the Albany plan of Union (1754) that called for a united colonies and increased relations with England This impacted our development by giving Ben Franklin the idea to write the Albany plan of Union (1754) that called for a united colonies and increased relations with England

Mayflower Compact Signed on November 21, 1620 Signed on November 21, 1620 A social contract in which the settlers consented to follow the rules and regulations of the government for the sake of survival A social contract in which the settlers consented to follow the rules and regulations of the government for the sake of survival

English Bill of Rights Date: A.D Date: A.D It asserts the Subject's right to petition It asserts the Subject's right to petition Subject's right to bear arms Subject's right to bear arms It also sets out certain constitutional requirements where the actions of the Crown require the consent of Parliament It also sets out certain constitutional requirements where the actions of the Crown require the consent of Parliament

Locke's Second Treatise of Government Published in 1689 Published in 1689 Natural Rights: Life, Liberty, Property Natural Rights: Life, Liberty, Property Social Contract between people and government Social Contract between people and government Citizens surrender freedoms in exchange for the order and protection according to the rule of law Citizens surrender freedoms in exchange for the order and protection according to the rule of law If the state oversteps its limits then the contract becomes void If the state oversteps its limits then the contract becomes void The citizens have the right to overthrow the state The citizens have the right to overthrow the state

Montesquieu: Spirit of the Laws Published in A.D Separation of Powers (The executive, legislative, and judicial) One branch of government checks the power of others

Rousseau: Social Contract People and government form a social contract where individuals can preserve themselves and remain free People and government form a social contract where individuals can preserve themselves and remain free Submission to the authority of the general will ensures that the people will obey themselves because they are, collectively, the authors of the law. Submission to the authority of the general will ensures that the people will obey themselves because they are, collectively, the authors of the law.

Declaration of Independence Adopted July 4, 1776 Justifications for breaking away from Great Britain Natural rights of Man – Life, Liberty, Pursuit of Happiness

United States Constitution Adopted September 17, 1787 Adopted September 17, 1787 It is the oldest written constitution of its type in effect in the world It is the oldest written constitution of its type in effect in the world Supreme Law of the Land Supreme Law of the Land

United States Bill of Rights Drafted in 1789 Drafted in 1789 First 10 Amendments First 10 Amendments Limits the powers of the federal government Limits the powers of the federal government Protect the rights of all citizens, residents and visitors on United States territory Protect the rights of all citizens, residents and visitors on United States territory

Civil Rights Act of 1964 July 2, 1964 July 2, 1964 Outlawed discrimination based on race, color, religion, sex, or national origin Outlawed discrimination based on race, color, religion, sex, or national origin It prohibited discrimination in public facilities, in government, and in employment It prohibited discrimination in public facilities, in government, and in employment It became illegal to compel segregation of the races in schools, housing, or hiring It became illegal to compel segregation of the races in schools, housing, or hiring

Legal Codes Moral Codes JurisprudenceRetribution Civil Disobedience Habeas Corpus Due Process Keys to the Notes