Development of Law in American Society: Jurisprudence Justice vs. Fairness

Ancient Laws

Code of Hammurabi: 1760 BC First known system of written law First known system of written law Over 250 harsh laws Over 250 harsh laws Legal Code – statements of what is legal & illegal Legal Code – statements of what is legal & illegal

Ten Commandments Found in the Bible Found in the Bible Created about 1200 B.C. Created about 1200 B.C. Followed by Hebrews in ancient Palestine Followed by Hebrews in ancient Palestine Moral Code – statements of what is right & wrong Moral Code – statements of what is right & wrong

Draconian Law: 621 BC First written law of Athens, Greece Very harsh Retribution=Punishment Legal Code-what is right & wrong according to the law

Justinian Codes: 530 AD Harsh Roman law Emperor Justinian I compiled & simplified all of the previous Roman codes of law in A.D. 533

British Common Law: 1100’s A.D. Most important source of American law Common law is law based on previous court decisions Established in many of the English colonies

Magna Carta: 1215 Limited the powers of the English king Granted new rights & laws

English Bill of Rights: 1689 A.D. Further restricted the powers of the British monarchy Holds many of the ideas that we now have in our Bill of Rights Freedom of Speech Freedom of Speech Right to fair trial Right to fair trial No cruel & unusual punishment No cruel & unusual punishment

Influences on American Law

Iroquois League ~1500 AD United Several Tribes together in attempt to unify the area & stop fighting between tribes United Several Tribes together in attempt to unify the area & stop fighting between tribes This impacted our development by giving Ben Franklin the idea to write the Albany plan of Union (1754) that called for a united colonies & increased relations with England This impacted our development by giving Ben Franklin the idea to write the Albany plan of Union (1754) that called for a united colonies & increased relations with England

The Iroquois Constitution: 1500’s Oral constitution of a confederacy of 6 Native American tribes Inspired Benjamin Franklin & James Madison when writing the U.S. Constitution

Iroquois Indians (fought in the French & Indian war)

Ben Franklin was the author of this cartoon.

House of Burgesses: 1619 First representative assembly in North America Marked the beginning of self- government & law- making in the colonies

Mayflower Compact: 1620 Set up a direct democracy for Pilgrims in Plymouth, MA social contract: consented to follow the rules & regulations of the government for the sake of survival

Locke's Second Treatise of Government 1639 Natural Rights: Life, Liberty, Property Natural Rights: Life, Liberty, Property Social Contract between people & government Social Contract between people & government Citizens surrender freedoms in exchange for the order & protection according to the rule of law Citizens surrender freedoms in exchange for the order & protection according to the rule of law

Montesquieu: Spirit of the Laws 1748 Separation of Powers (The executive, legislative, & judicial) One branch of government checks the power of others

The Social Contract: 1762 Book written by Rousseau Expanded on the enlightenment ideas of John Locke government can only be ideal if approved by the people

Declaration of Independence: 1776 Holds many of the ideas of Rousseau & John Locke States justification for the colonies becoming independent Written by Thomas Jefferson

U.S. Constitution: 1778 Current U.S. basis of law Based heavily on British traditions Supreme Law of the Land

United States Bill of Rights Drafted in 1789 Drafted in 1789 First 10 Amendments First 10 Amendments Limits the powers of the federal government Limits the powers of the federal government Protect the rights of all citizens, residents & visitors on United States territory Protect the rights of all citizens, residents & visitors on United States territory

Civil Rights Act of 1964 July 2, 1964 July 2, 1964 Outlawed discrimination based on race, color, religion, sex, or national origin Outlawed discrimination based on race, color, religion, sex, or national origin prohibited discrimination in public facilities, in government, & in employment prohibited discrimination in public facilities, in government, & in employment It became illegal to compel segregation of the races in schools, housing, or hiring It became illegal to compel segregation of the races in schools, housing, or hiring

Civil Disobedience: non-violent protest in order to influence society or government. non-violent protest in order to influence society or government. Examples: Martin Luther King Jr., Gandhi, Jesus. Examples: Martin Luther King Jr., Gandhi, Jesus.

Legal Codes: Laws of a state/nation Moral Codes: “right & wrong” Jurisprudence: Study of law Retribution: usually punishment, payback. Keys to the Notes

Habeas Corpus: Judge or court investigates why a person is being held in prison (are they legally imprisoned?) Habeas Corpus: Judge or court investigates why a person is being held in prison (are they legally imprisoned?) Due Process: all citizens are insured their legal rights. (trial, jury, face their accuser) Due Process: all citizens are insured their legal rights. (trial, jury, face their accuser)

In our govt there are 4 main sources of laws: An agency may use each one of these when operating An agency may use each one of these when operating

Sources of Law (using the example of the USPS)

Constitution Some parts of the Constitution give specific laws that apply everywhere in the United States. Example: Gives Congress the power to:  Establish Post Offices & post roads  Establish Post Offices & post roads  Make all laws that are necessary & proper for executing this task  Make all laws that are necessary & proper for executing this task

U.S. Code: Statutes The Constitution gives Congress permission to pass laws about a limited number of topics. Example: Congress passes laws to:  Establish the USPS  Establish the USPS  Direct the Postal Service to provide efficient service at fair rates  Direct the Postal Service to provide efficient service at fair rates  Authorize the Postal Service to adopt rules & regulations  Authorize the Postal Service to adopt rules & regulations

Code of Federal Regulation Congress has the power to pass laws, but not to carry them out. They give each agency the power to create its own rules or regulations. Regulations have power similar to a law. Some regulations say what people can and cannot do Regulations have power similar to a law. Some regulations say what people can and cannot do Example: USPS adopts regulations to:  Establish rules for daily operations at Post Offices around the country  Establish rules for daily operations at Post Offices around the country  Limit what people are allowed to do on Post Office property  Limit what people are allowed to do on Post Office property  Create special postal programs  Create special postal programs

Court Cases (Judicial Precedent) The judicial system hears cases about violations of the Constitution, the Code, & the Regulations.  The Code & the Regulations cannot violate the U.S. Constitution  The Code & the Regulations cannot violate the U.S. Constitution  The courts’ interpretation of the Constitution, the Code, & the Regulations is like an extra “law”  The courts’ interpretation of the Constitution, the Code, & the Regulations is like an extra “law”

Types of Law

Conflicting Views Laws are supposed to.. Laws are supposed to.. Protect human rights Protect human rights Promote fairness Promote fairness Resolve conflicts Resolve conflicts Promote order & stability Promote order & stability Represent the will of the majority Represent the will of the majority Protect the rights of the minorities Protect the rights of the minorities

Criminal Law Laws that seek to prevent people from deliberately or recklessly harming each other Laws that seek to prevent people from deliberately or recklessly harming each other What are felonies & misdemeanors? What are felonies & misdemeanors?

Civil Law Dispute between two or more people usually involving money or family court Dispute between two or more people usually involving money or family court Examples Examples Divorce, Child Support, Car accidents (that do not involve a crime), Alimony, Abuse Divorce, Child Support, Car accidents (that do not involve a crime), Alimony, Abuse

Administrative Law Includes rules & regulations made by government agencies Includes rules & regulations made by government agencies Example: the Environmental Protection Agency creating a regulation banning certain types of pollution Example: the Environmental Protection Agency creating a regulation banning certain types of pollution

Statutory Law Deal with statutes (state law) that regulates behavior Deal with statutes (state law) that regulates behavior Examples Examples Speed limits, food inspection processes, minimum ages for work permits, driver’s licenses, voting requirements, etc. Speed limits, food inspection processes, minimum ages for work permits, driver’s licenses, voting requirements, etc.

Constitutional Law Laws written in the constitution that must be followed Laws written in the constitution that must be followed Example – Rights of the accused, such as Example – Rights of the accused, such as Habeas Corpus Habeas Corpus No Double Jeopardy No Double Jeopardy Hear & Question Witnesses Hear & Question Witnesses Impartial Jury Impartial Jury

Common Law Using previous court cases to determine the law Using previous court cases to determine the law Example – If a restaurant owner denied an African- American service, the courts would look back to Heart of Atlanta Motel v. U.S. Example – If a restaurant owner denied an African- American service, the courts would look back to Heart of Atlanta Motel v. U.S.

International Law Made up of treaties, customs, & agreements with other nations Made up of treaties, customs, & agreements with other nations If broken, defendant can go to the World Court (est. by the United Nations in 1946) If broken, defendant can go to the World Court (est. by the United Nations in 1946)

Special Systems of Law

Military Courts Congress has the power “to make Rules for the Government & Regulation of the land & naval Forces Congress has the power “to make Rules for the Government & Regulation of the land & naval Forces Called the Uniform Code of Military Justice (UCMJ) Called the Uniform Code of Military Justice (UCMJ) A set of criminal laws that apply to people in the military A set of criminal laws that apply to people in the military Lists the procedures for conducting a military trial & explains what punishments are allowed. Lists the procedures for conducting a military trial & explains what punishments are allowed. Separate from the civilian system. Separate from the civilian system. Designed for the special needs of the military Designed for the special needs of the military

Juvenile Courts People under age 18 that commit a crime People under age 18 that commit a crime Usually more flexible Usually more flexible Allows a judge to look at many factors in a child’s life when deciding the consequences Allows a judge to look at many factors in a child’s life when deciding the consequences Believes that young people sometimes make bad choices that they would not make if they were more mature Believes that young people sometimes make bad choices that they would not make if they were more mature Offers more chances for young people to learn from mistakes Offers more chances for young people to learn from mistakes Goal is rehabilitation Goal is rehabilitation