1. What is LAW?

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

3. Rules vs. Laws
Rules = formal rules/regulations, made by private parties
Laws = rules/regulations made & enforced by government (federal, state, local, tribal)
“Rule of Law” = rules be known in advance and be created in a democratic process

4. Characteristics of Effective Rules/Laws
-Clear
-Consistent
-Announced to all parties in advance
-Applied equally and consistently
-Cannot discriminate against individuals without just cause

5. Laws and Values not everything that is immoral is illegal (Example?)
influenced by traditional ideas of right and wrong in a society
Fundamental Problem:
Goals of Law conflict with our Values as a society
Laws are 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
Do these last 2 conflict?

6. Examples of Controversial Laws
The Patriot Act
Affirmative Action
Euthanasia Legislation here in Michigan (Jack Kevorkian) (State)
Gun Rights (State)
Marijuana (State)
Mandatory Minimum Sentencing

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

8. Our First Case Study so…
The Case of The Shipwrecked Sailors:
Is the letter of the law concrete? (can intent be taken into consideration?)
Do circumstances come into play?
Demonstrates the importance of Jurisprudence…