Development of Law & Philosophical Foundations

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Presentation transcript:

Development of Law & Philosophical Foundations Essential Questions: What are the major types of law in the USA and how has the legal system developed over time? Why is it important for laws to be written down?

What is Law? John Adams – “In the United States, we will have a government of laws, not of men.” Law: a set of rules that allow peaceful living in a society. - These rules are binding on all people (everyone must follow them). - They are also intended to discourage people from doing bad things. All people are equal under the law.

Historical Development of Law Hammurabi’s Code (1750BC): first written set of laws. If laws are written and posted for all to see, then everyone has to follow the same laws. Ten Commandments- (1446 BC) A list of moral and religious principles Many principles still used today Roman Law: - Jurisprudence: the study of law. Roman judges studied and interpreted the laws of Rome the same way our judges do today. - Code of Justinian (528 AD): Emperor Justinian of Eastern Roman Empire has all existing laws and decrees written down in a single document.

Historical Development of Law Draconian Law- 621 BC Written by the first lawgiver of ancient Greece Laws were harsh and included death penalty for minor offenses Magna Carta- 1215 England’s first document to check the power of the king Declared people could not be deprived or lives, liberty, or property except by judgment of their peers This is shown in the 5th Amendment of the US Constitution Iroquois Nation Constitution- 1500 Established a confederacy of nations & participatory government Influenced the U.S. Constitution

Types of Law English Law: - Common Law: based on traditions and precedent. Not all laws written down. - Trial by jury. - Innocent until proven guilty. US Constitution (Constitutional Law): - Titles of nobility outlawed. - Specific powers granted to the government. - Specific rights guaranteed to citizens.

Types of Law Criminal Law: Prevent people from deliberately or recklessly harming others or other’s property. Civil Law: disputes between people or groups when no law has been broken. Disputes get settled in a court case called a lawsuit. - Tort: a civil case where injury occurs because of negligence. - Family Law: Divorce, custody, child support, adoption. Administrative Law: describes how executive agencies of the Federal government function. Statutory Law: laws for states. Ex: speed limits, alcohol laws, food inspection. International Law: deal with geographic areas outside of a single country (oceans) and agreements between two or more countries. - The World Court: settles disputes between two or more nations. Also prosecutes war criminals.