Chapter 15.1 The Sources of Our Laws

Section 1 – Functions of Law American society developed around the principle of “a government of laws and not of men.” American society developed around the principle of “a government of laws and not of men.” Laws are rules that allow people to live peacefully in society. Laws guarantee individual liberties because they are binding on everyone. People, organizations and governments can deal with one another because all know which acts are permitted and which are not. Laws are rules that allow people to live peacefully in society. Laws guarantee individual liberties because they are binding on everyone. People, organizations and governments can deal with one another because all know which acts are permitted and which are not.

continued To discourage criminal acts, laws set punishments and establish a justice system to enforce the laws. Laws also set rules to resolve civil disputes. To discourage criminal acts, laws set punishments and establish a justice system to enforce the laws. Laws also set rules to resolve civil disputes. To be effective, laws much be fair and treat all people equally. They must set punishments that fit the crime. Ordinary people must be able to understand them and government must be able to enforce them. Most people will obey reasonable laws. To be effective, laws much be fair and treat all people equally. They must set punishments that fit the crime. Ordinary people must be able to understand them and government must be able to enforce them. Most people will obey reasonable laws.

continued The Founders based the nation’s system of laws on traditions and laws passed down from generation to generation. The Founders based the nation’s system of laws on traditions and laws passed down from generation to generation.

Early Laws Laws of early human societies were probably passed to the next generation orally. Laws of early human societies were probably passed to the next generation orally. The first known system of written law was the Code of Hammurabi, a collection of 282 laws compiled by King Hammurabi of Babylonia in about 1760 B.C. The first known system of written law was the Code of Hammurabi, a collection of 282 laws compiled by King Hammurabi of Babylonia in about 1760 B.C.

continued The Hebrews of ancient Palestine followed the Ten Commandments found in the Bible. Commandments like “thou shall not kill” are reflected in our laws today. The Hebrews of ancient Palestine followed the Ten Commandments found in the Bible. Commandments like “thou shall not kill” are reflected in our laws today. The Romans called their law jurisprudence, a word we use today to mean the study of law. As in the Code of Hammurabi, Roman penalties for offenses were drastic. The Romans called their law jurisprudence, a word we use today to mean the study of law. As in the Code of Hammurabi, Roman penalties for offenses were drastic.

continued Over centuries, the Roman senate adopted many laws and Roman judges wrote commentaries on them, which became part of the law. Later Roman emperors created laws by issuing edicts or commands. The laws spread as the Roman Empire grew. Over centuries, the Roman senate adopted many laws and Roman judges wrote commentaries on them, which became part of the law. Later Roman emperors created laws by issuing edicts or commands. The laws spread as the Roman Empire grew.

continued Emperor Justinian I boiled down Roman law into an orderly body of rules called the Code of Justinian. This code became the basis of law for the Byzantine Empire. Roman law also became part of the canon law of the Roman Catholic Church. Emperor Justinian I boiled down Roman law into an orderly body of rules called the Code of Justinian. This code became the basis of law for the Byzantine Empire. Roman law also became part of the canon law of the Roman Catholic Church.

continued More than a 1000 years later, French emperor Napoleon updated the Justinian Code and called it the Napoleonic Code. Napoleon conquered much of Europe and the code went with him. Later Europeans carried it to Asia and Africa More than a 1000 years later, French emperor Napoleon updated the Justinian Code and called it the Napoleonic Code. Napoleon conquered much of Europe and the code went with him. Later Europeans carried it to Asia and Africa

continued American laws are based mainly on the English system of common law or law based on court decisions rather than on legal code. When early English judges heard a case, they looked in the books for a similar case and followed the earlier ruling or precedent. Precedent are legal opinions that became part of the common law. American laws are based mainly on the English system of common law or law based on court decisions rather than on legal code. When early English judges heard a case, they looked in the books for a similar case and followed the earlier ruling or precedent. Precedent are legal opinions that became part of the common law.

continued English judges blended Roman law and canon law in the body of common law. The law came to include basic rights such as trial by jury and innocent until proven guilty. English judges blended Roman law and canon law in the body of common law. The law came to include basic rights such as trial by jury and innocent until proven guilty.

continued As the English Parliament gained power, acts of Parliament – written statutes – cam to dominate the English legal system. English settlers in North America brought their traditions of common law and citizens’ rights with them. Today, common law forms the basis of our legal system, including the tradition of following precedents. As the English Parliament gained power, acts of Parliament – written statutes – cam to dominate the English legal system. English settlers in North America brought their traditions of common law and citizens’ rights with them. Today, common law forms the basis of our legal system, including the tradition of following precedents.