Our Laws and Legal System Chapter 1

Our Laws and Legal System What Is Law?

What is law The enforceable rules of conduct in a society that reflects the culture and circumstances that create them.

King Hammurabi of Babylon Set the first known law code About 4,000 years ago Very similar to the laws of today He had 282 laws that told what happened to you for what offence you committed This is where the term ”set in stone” comes from

Stages in the Growth of Law Individuals take revenge for wrongs done to them Awards of money or goods are substituted for revenge Court systems are formed A central authority figure intervenes to prevent and punish wrongs

Common Law vs. Positive Law All laws reflect the wisdom – or the lack of – of their creators Laws should be predictable and flexible Common Law - Based on the current standards and customs of the people Positive Law - Set down by a controlling authority to prevent disputes and wrongs from occurring  

The two main systems of Law English Common Law This is what the United States has patterned their system after and was brought to America with the Colonists Roman Civil Law Countries using this system have written well organized set of statutes in code form These laws or only changed by the central government, not the judges who administer them  

English Common Law Disputes were settled by local customs and enforced by the local baron’s power Around 1150 King Henry II decided to improve the situation of the law in England King Henry also saw the importance to decide cases in harmony with the customs of the people  