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Practical Law: Chapter 1 “What is Law” An Introduction to the Law
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The question of “What is Law?” is difficulty to answer. An entire field of study known as jurisprudence (the study of law and legal philosophy) is devoted to answering this question. While many definitions and arguments exist as to what law is, for the purpose of this class we will have one definition:
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Laws generally reflect and promote the values of a society, and are usually influenced by the traditional ideals of what is right and what is wrong. Law will be defined as: The rules and regulations made and enforced by Government that regulate conduct of people within a society.
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Our expectations are that the legal system in the United States will achieve many goals. 1. Protecting Human Rights 2. Promoting Fairness 3. Helping Resolve Conflicts 4. Promoting Order & Stability 5. Promoting Desirable Behavior 6. Representing the Will of the Majority 7. Protecting the Rights of Minorities
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Many times some of those goals can overlap. For example The Voting Rights Act of 1965 promotes fairness, promotes order and protects the rights of minorities. Occasionally however, sometimes these goals can conflict. Can we think of any examples of how these goals might conflict ?
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In adittion to the goals that our legal system strives to achieve, Laws are influenced by the values of a society. Four main values guide lawmaking: 1. Moral Values 2. Economic Values 3. Political Values 4. Social Values
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Just like the goals of the legal system, the values that guide lawmaking can often overlap: For Example, theft has moral, economic and political issues tied to it. And just the goals of the legal system, the values that guide lawmaking can create problems. Values, especially social values, often change
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Prohibition in the United States: 1920-1933 Detroit police inspect equipment discovered in an underground brewery.
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Believe it or not, many laws that reflect social values from long ago, are often still on the books in parts of the United States, although they are not enforced: In Michigan it is illegal for a woman to cut her own hair without her husband’s permission. Until just recently it was illegal for adults to swear in front of women or children.
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In 1998, a Michigan canoeist faced charges for cursing aloud under the law enacted in 1897. The American Civil Liberties Union took on the canoeist's case, and a Michigan court struck down the law in 2002. Endurance Contests are also illegal in Michigan: it is a misdemeanor to promote, conduct or engage in an endurance contest such as a “walk-a-thon.” The penalty is a maximum fine of $100 and up to 90 days in jail.
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Human rights are the Rights all people have because they are human beings. The Universal Declaration of Human Rights is a statement of Human Rights which has been agreed to by almost every country. It was first written in 1948 and adopted by the United Nations. The declaration, which is in your book on page 563, includes provisions against torture, genocide and restrictions of speech. HUMAN RIGHTS
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Next up… types of laws. CRIMINAL LAW vs.CIVIL LAW
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