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What is Law and Where does it come from? Chapter 1
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Goals and Objectives The Students Will The Students Will Be able to define and give examples of: Be able to define and give examples of: Law, Jurisprudence, the Rule of Law, Legal System, the Connection between Values Law, Jurisprudence, the Rule of Law, Legal System, the Connection between Values Be able to describe what our laws are intended to do and how they are based on what society believes in. Be able to describe what our laws are intended to do and how they are based on what society believes in.
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What’s the Point of Law? Why do governments and society create Laws? Why do governments and society create Laws? Any time individuals meet and interact with each other there are always acceptable and unacceptable forms of behavior. Any time individuals meet and interact with each other there are always acceptable and unacceptable forms of behavior. At your job, at school, at home, in dating and courtship, in another country, with people older than you, with people younger than you, with your friends, with people you dislike, with other races, At your job, at school, at home, in dating and courtship, in another country, with people older than you, with people younger than you, with your friends, with people you dislike, with other races, The acceptability of behavior is directed by the beliefs and opinions of the individuals involved The acceptability of behavior is directed by the beliefs and opinions of the individuals involved Rules and Laws are established to make sure social interactions meet with the agreed upon social boundaries Rules and Laws are established to make sure social interactions meet with the agreed upon social boundaries
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Then What is Law? Law: the rules and regulations made and enforced by government that regulate the conduct of people within a society. Law: the rules and regulations made and enforced by government that regulate the conduct of people within a society. The Rule of Law: average citizens are required to support the legal system (obey the law) The Rule of Law: average citizens are required to support the legal system (obey the law) No one, not senators, the president, judges, elderly, the wealthy, no one, is above the law No one, not senators, the president, judges, elderly, the wealthy, no one, is above the law Which of these actions Violate the Law? Which of these actions Violate the Law? Prank callingCheating on a test Spreading gossip about your XTelling a lie Downloading music onlineSpinning Doughnuts Ditching schoolJoyriding
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Legal Systems Jurisprudence: the study of law and legal philosophy Jurisprudence: the study of law and legal philosophy Legal System: a system used to create, interpret, and enforce the laws of a society Legal System: a system used to create, interpret, and enforce the laws of a society Includes: Includes: Means of making laws (congress and legislatures) Means of making laws (congress and legislatures) Method of interpreting laws (courts system) Method of interpreting laws (courts system) Law Enforcement agencies (police, FBI, Marshalls as well as legal codes, inspectors, publication of laws, etc.) Law Enforcement agencies (police, FBI, Marshalls as well as legal codes, inspectors, publication of laws, etc.) Specialists in law (judges, lawyers, law school, state bar associations) Specialists in law (judges, lawyers, law school, state bar associations) Process of dealing with those who violate laws (courts, trial and appeals processes, jails and prison, parole and probation officers Process of dealing with those who violate laws (courts, trial and appeals processes, jails and prison, parole and probation officers All other organizations and infrastructure which are needed to support the legal system All other organizations and infrastructure which are needed to support the legal system
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The Connection between Laws and Values Remember, Laws are rules that direct our behavior when we interact with other people. Society decides what Laws to make based on their own Beliefs and Values: Society decides what Laws to make based on their own Beliefs and Values: Values - Traditional ideas of right and wrong Values - Traditional ideas of right and wrong It ’ s Immoral or Wrong so Society made it Illegal It ’ s Immoral or Wrong so Society made it Illegal Murder, Stealing, Attacking, Destroying property, Harassment, Vandalism, etc. Murder, Stealing, Attacking, Destroying property, Harassment, Vandalism, etc. Not everything that is immoral/wrong is illegal Not everything that is immoral/wrong is illegal Lying to a friend Lying to a friend Keeping secrets from someone Keeping secrets from someone Being rude and unkind Being rude and unkind Cheating on your spouse Cheating on your spouse “The people’s good is the highest law.” ~Cicero
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The Case of The Shipwrecked Sailors Determine: Determine: What is Right and what is Wrong. What is Right and what is Wrong. Who did Right and who did Wrong. Who did Right and who did Wrong. Who is Responsible for this Death and How this case should be settled. Who is Responsible for this Death and How this case should be settled.
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Laws and Values (cont) So our Laws are based on our Values So our Laws are based on our Values Some basic American Values Some basic American Values Protect basic human rights (life, liberty, freedom, choice) Protect basic human rights (life, liberty, freedom, choice) Promote fairness and equality for all Promote fairness and equality for all Help resolve conflict peacefully Help resolve conflict peacefully Promote order and stability Promote order and stability Promote desirable social and economic behavior Promote desirable social and economic behavior Protect privacy, individual interest, reward effort/behavior Protect privacy, individual interest, reward effort/behavior Take care of those who are less fortunate/disadvantaged Take care of those who are less fortunate/disadvantaged Sometimes different Values conflict with each other Sometimes different Values conflict with each other Legalization of Gay Marriages Legalization of Gay Marriages Preferential Treatment to minorities Preferential Treatment to minorities “ Under God ” in the pledge of allegiance “ Under God ” in the pledge of allegiance Women ’ s Right to an Abortion Women ’ s Right to an Abortion That Creates Major Legal Problems That Creates Major Legal Problems
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Smoking Marijuana Is it against the law for one to smoke Marijuana? Is it against the law for one to smoke Marijuana? YES! YES! WHY? WHY? At home with no one else around? At home with no one else around? Marijuana that wasn’t purchased but grown by that individual? Marijuana that wasn’t purchased but grown by that individual? In a process that involved no other human being? In a process that involved no other human being?
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HOMEWORK!!! Violate a Social Norm Violate a Social Norm DO NOT BREAK THE LAW!!!!!!!!!!!!! DO NOT BREAK THE LAW!!!!!!!!!!!!! Pay attention to yourself, to how those around you, to thoughts, feelings, comments, reactions, etc. and be prepared to Discuss and Write about your experience Next Time. Pay attention to yourself, to how those around you, to thoughts, feelings, comments, reactions, etc. and be prepared to Discuss and Write about your experience Next Time.
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Questions and Review The Students Will The Students Will Be able to define and give examples of: Be able to define and give examples of: Law, Jurisprudence, the Rule of Law, Legal System, the Connection between Values Law, Jurisprudence, the Rule of Law, Legal System, the Connection between Values Be able to describe what our laws are intended to do and how they are based on what society believes in. Be able to describe what our laws are intended to do and how they are based on what society believes in.
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