Law and Justice: Chapter 1 What Is Law?

What is Law? Law and Values Law and Values Jurisprudence Jurisprudence Study of law and legal philosophy is devoted to answering this question Study of law and legal philosophy is devoted to answering this question Laws generally reflect and promote a society’s values Laws generally reflect and promote a society’s values Laws against murder reflect the moral belief that killing another person is wrong Laws against murder reflect the moral belief that killing another person is wrong We expect our legal system to achieve many goals We expect our legal system to achieve many goals Protecting basic human rights Protecting basic human rights Promoting fairness Promoting fairness Helping resolve conflicts Helping resolve conflicts Promoting order and stability Promoting order and stability Promoting desirable social and economic behavior Promoting desirable social and economic behavior Representing the will of the majority Representing the will of the majority Protecting the rights of minorities Protecting the rights of minorities

What is Law? Many of societies problems involve conflicts from these goals Many of societies problems involve conflicts from these goals Example: some laws give preference to minorities over whites Example: some laws give preference to minorities over whites Critics argue that these laws discriminate and create racial conflict Critics argue that these laws discriminate and create racial conflict Supporters claim that by protecting minorities the laws promote fairness by leveling the playing field and reduce racial tension Supporters claim that by protecting minorities the laws promote fairness by leveling the playing field and reduce racial tension Laws must balance rights with responsibilities Laws must balance rights with responsibilities The will of the majority with the rights of the minority The will of the majority with the rights of the minority Basis of Law Basis of Law Economic, social, moral or political values Economic, social, moral or political values As values change so can laws As values change so can laws Many laws incorporate parts of all Many laws incorporate parts of all Laws against theft Laws against theft Moral issue of stealing Moral issue of stealing Economic issue of protection of property Economic issue of protection of property Political issue of how government punishes those who violate criminal statute Political issue of how government punishes those who violate criminal statute Social issue of respecting the property of others Social issue of respecting the property of others

What is Law Human Rights Human Rights The rights all people have just because they are human beings The rights all people have just because they are human beings The rights apply everywhere from the moment of birth to death The rights apply everywhere from the moment of birth to death Human rights are standards that can be used for a country to draft their laws Human rights are standards that can be used for a country to draft their laws Balancing Rights with Responsibilities Balancing Rights with Responsibilities Individual rights must be matched by social responsibility Individual rights must be matched by social responsibility If you wish to be tried by a jury you must be willing to serve on one If you wish to be tried by a jury you must be willing to serve on one If you want to be governed by elected officials who respond to your needs then you need to vote and get involved If you want to be governed by elected officials who respond to your needs then you need to vote and get involved Just because you have a right to do something, doesn’t mean it is the right thing to do. Just because you have a right to do something, doesn’t mean it is the right thing to do. Freedom of speech Freedom of speech

What is Law? Kinds of Laws Kinds of Laws Laws fall into two major groups Laws fall into two major groups Civil Civil Criminal Criminal Criminal Laws Criminal Laws Regulate public conduct and set out duties owed to a society Regulate public conduct and set out duties owed to a society A criminal case is legal action that can only be brought by a government A criminal case is legal action that can only be brought by a government Criminal laws have penalties and are divided into two categories Criminal laws have penalties and are divided into two categories Felonies – prison for more than one year Felonies – prison for more than one year Misdemeanors – prison for one year or less Misdemeanors – prison for one year or less Civil Laws Civil Laws Regulate actions between individuals or groups Regulate actions between individuals or groups A civil action is a lawsuit that can be brought by a person who feels wronged or injured A civil action is a lawsuit that can be brought by a person who feels wronged or injured Courts may award money or order the person who committed the wrong to make amends Courts may award money or order the person who committed the wrong to make amends Civil laws regulate many everyday things – marriage, real estate, divorce, contracts, consumer protection, insurance and negligence Civil laws regulate many everyday things – marriage, real estate, divorce, contracts, consumer protection, insurance and negligence

What is Law? Sometimes behavior can violate both criminal and civil law Sometimes behavior can violate both criminal and civil law A criminal case will be brought by the government against a defendant A criminal case will be brought by the government against a defendant A civil case can be brought by the victim (plaintiff) A civil case can be brought by the victim (plaintiff) Civil and Criminal cases are decided by different criteria Civil and Criminal cases are decided by different criteria Criminal – beyond a reasonable doubt Criminal – beyond a reasonable doubt Civil – preponderance of evidence Civil – preponderance of evidence Our Constitutional Framework Our Constitutional Framework Constitution contains three basic principles of framework Constitution contains three basic principles of framework Limited government Limited government Federal government only has powers given by the constitution Federal government only has powers given by the constitution Separation of powers Separation of powers Legislative – Executive - Judicial Legislative – Executive - Judicial Checks and balances Checks and balances Prevents one branch from being supreme Prevents one branch from being supreme Judicial Review – Veto Judicial Review – Veto Can a person be found not guilty in one but guilty in the other?

What is Law? Supreme Court Supreme Court Can declare laws unconstitutional for two reasons Can declare laws unconstitutional for two reasons The government passes a law the constitution has not given it the power to pass The government passes a law the constitution has not given it the power to pass The government passes a law that violates somebody’s rights The government passes a law that violates somebody’s rights Federalism Federalism Division of power between the federal government and the states Division of power between the federal government and the states Bill of Rights Bill of Rights 1 st ten amendments to the constitution guaranteeing certain rights to people and states 1 st ten amendments to the constitution guaranteeing certain rights to people and states