1. Law and Values

2. Laws generally reflect the values of a people.
Moral
Economic
Political
Social

3. Morality Traditional ideas of right and wrong
ex: Laws against Murder = Killing is wrong

4. Not all that is immoral is also illegal!
This is often VERY difficult for law students to keep in mind.
ex. It is NOT illegal to lie to your friend… or hurt someone’s feelings… etc.

5. We expect our legal system to achieve many goals.
Protect basic human rights
Promote fairness
Resolve conflicts
Promote order and stability
Promote desirable social and economic behavior
Represent the will of the majority
Protect the rights of the minority
** The problems found in most societies involve conflicts among these goals

6. As values change, so do laws
EXAMPLES:
Gay Marriage
Pot legalization
Women’s rights
Minority rights
Other examples???

7. “Equal Protection” does not guarantee everyone be treated equally in 3 respects:
1st: Limits government discrimination, not PRIVATE discrimination
2nd: Government is not required to “cure” inequalities by enacting legislation
3rd: Government can “discriminate” by putting people into groups and treating these groups differently
Ex. 65 retirement, out-of-state tuition