Purposes and Functions of Law

What is the function of law? How effective do you believe our laws are?

Jurisprudence: The study of law and legal philosophy Study of law has been around since the beginning of recorded history

Can be written or unwritten… Law: Set of rules that allow people to live together Enforced by the government Regulate people in society Can be written or unwritten… What are some examples?

In the United States, laws are created through the democratic process.

“RULE OF LAW” Rules must be known in advance No one is above the law

Goals of Our Legal System Protect basic human rights Promote fairness Help resolve conflicts Promote order & stability Promote desirable economic and social behavior Represent the will of the majority Protect the rights of minorities Laws must balance rights with responsibility Ex. You have the right to drive, but you must follow the law while driving

Laws are often based off values… Moral – Question of right or wrong Examples:

Laws are often based off values… Economic – Deal with accumulation, preservation, use and distribution of wealth Examples:

Laws are often based off values… Political – Reflect the relationship between the government and the people Examples:

Laws are often based off values… Social – Issues important to society Examples:

Laws are often based off values… Moral, economic, political, and social laws  Are there laws that overlap?

Types of Laws “Beyond a reasonable doubt.” Criminal Law – used to regulate public conduct Government vs. Defendant Misdemeanor – Less serious Prison term of less than 1 year Felony – More serious Prison term of more than 1 year “Beyond a reasonable doubt.” Civil Law – Regulates between individuals or groups Person (plaintiff) against person (defendant) Usually brought on by a “civil action” “Preponderance of evidence.”