The Sources of Our Laws Philosophy of Law American society developed around the principle of “a government of laws, and not of men.”

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

Development of Law 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 Romans called their law jurisprudence, a word we use today to mean the study of law.

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. Precedents are legal opinions that became part of the common law. As the English Parliament gained power, acts of Parliament—written statutes—came to dominate the English legal system.

Types of Laws Chapter 15, Section 2

Criminal Law Criminal laws seek to prevent people from deliberately or recklessly harming each other or each other’s property. In criminal cases, the government is always the plaintiff—the party that brings charges against the defendant—the individual or group being sued. Most criminal cases are titled in terms of the state against the defendant.

Types of Crime Felonies are serious crimes, such as murder, rape, and robbery. Misdemeanors are less serious offenses, such as vandalism or stealing inexpensive items. Misdemeanors are usually punished with a fine or jail sentence of less than one year.

Civil Law Civil cases involve disputes between people or groups, in which no criminal laws have been broken. A civil case is called a lawsuit—a legal action in which a person or group sues to collect damages for some harm done.

Types of Civil Cases Another type of dispute involves torts, or civil wrongs. In tort law a person may suffer an injury and claim that another party’s negligence was the cause. Family law, another type of civil law, deals with issues such as divorce, child custody, adoption, and child support.

Constitutional Law Public law, or constitutional law, involves rights guaranteed under the Constitution or spelled out in legislation. It guides courts and legislatures when they deal with punishments and fines. Constitutional laws are the highest laws in the land.

Administrative Law Administrative law includes all the rules and regulations that government agencies issue to carry out their jobs.

Statutory Law Statutory law includes laws written by the legislatures at all levels of government. They establish rules such as speed limits and the minimum age for a work permit.

International Law International law comprises treaties, customs, and agreements among nations. Violations may be brought to the International Court of Justice, or World Court, located in The Hague, the Netherlands.