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Development of Law in American Society: Jurisprudence

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Development of Law in American Society: Jurisprudence Justice vs. Fairness Conflicting Views Laws are supposed to.. Protect human rights Promote fairness Resolve ... – PowerPoint PPT presentation

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Title: Development of Law in American Society: Jurisprudence


1
Development of Law in American Society Jurisprude
nce
  • Justice vs. Fairness

2
Ancient Laws
3
Code of Hammurabi 1760 BC
  • First known system of written law
  • Over 250 harsh laws
  • Legal Code statements of what is legal illegal

4
Ten Commandments
  • Found in the Bible
  • Created about 1200 B.C.
  • Followed by Hebrews in ancient Palestine
  • Moral Code statements of what is right wrong

5
Draconian Law 621 BC
  • First written law of Athens, Greece
  • Very harsh
  • Retribution
  • Punishment
  • Legal Code-what is right wrong according to the
    law

6
Justinian Codes 530 AD
  • Harsh Roman law
  • Emperor Justinian I compiled simplified all of
    the previous Roman codes of law in A.D. 533

7
British Common Law 1100s A.D.
  • Most important source of American law
  • Common law is law based on previous court
    decisions
  • Established in many of the English colonies

8
Magna Carta 1215
  • Limited the powers of the English king
  • Granted new rights laws

9
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
  • Right to fair trial
  • No cruel unusual punishment

10
Influences on American Law
11
Iroquois League 1500 AD
  • 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

12
The Iroquois Constitution 1500s
  • Oral constitution of a confederacy of 6 Native
    American tribes
  • Inspired Benjamin Franklin James Madison when
    writing the U.S. Constitution

13
Iroquois Indians (fought in the French Indian
war)
14
Ben Franklin was the author of this cartoon.
15
House of Burgesses 1619
  • First representative assembly in North America
  • Marked the beginning of self-government
    law-making in the colonies

16
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

17
Locke's Second Treatise of Government 1639
  • Natural Rights Life, Liberty, Property
  • Social Contract between people government
  • Citizens surrender freedoms in exchange for the
    order protection according to the rule of law

18
Montesquieu Spirit of the Laws 1748
  • Separation of Powers (The executive, legislative,
    judicial)
  • One branch of government checks the power of
    others

19
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

20
Declaration of Independence 1776
  • Holds many of the ideas of Rousseau John Locke
  • States justification for the colonies becoming
    independent
  • Written by Thomas Jefferson

21
U.S. Constitution 1778
  • Current U.S. basis of law
  • Based heavily on British traditions
  • Supreme Law of the Land

22
United States Bill of Rights
  • Drafted in 1789
  • First 10 Amendments
  • Limits the powers of the federal government
  • Protect the rights of all citizens, residents
    visitors on United States territory

23
Civil Rights Act of 1964
  • July 2, 1964
  • Outlawed discrimination based on race, color,
    religion, sex, or national origin
  • prohibited discrimination in public facilities,
    in government, in employment
  • It became illegal to compel segregation of the
    races in schools, housing, or hiring

24
Civil Disobedience
  • non-violent protest in order to influence society
    or government.
  • Examples Martin Luther King Jr., Gandhi, Jesus.

25
Keys to the Notes
  • Legal Codes Laws of a state/nation
  • Moral Codes right wrong
  • Jurisprudence Study of law
  • Retribution usually punishment, payback.

26
  • 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)

27
In our govt there are 4 main sources of laws
  • An agency may use each one of these when
    operating

28
Sources of Law (using the example of the USPS)
29
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
  • ? Make all laws that are necessary proper for
    executing this task

30
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
  • ? Direct the Postal Service to provide efficient
    service at fair rates
  • ? Authorize the Postal Service to adopt rules
    regulations

31
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
  • Example USPS adopts regulations to
  • ? Establish rules for daily operations at Post
    Offices around the country
  • ? Limit what people are allowed to do on Post
    Office property
  • ? Create special postal programs

32
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 courts interpretation of the Constitution,
    the Code, the Regulations is like an extra
    law

33
Types of Law
34
Conflicting Views
  • Laws are supposed to..
  • Protect human rights
  • Promote fairness
  • Resolve conflicts
  • Promote order stability
  • Represent the will of the majority
  • Protect the rights of the minorities

35
Criminal Law
  • Laws that seek to prevent people from
    deliberately or recklessly harming each other
  • What are felonies misdemeanors?

36
Civil Law
  • Dispute between two or more people usually
    involving money or family court
  • Examples
  • Divorce, Child Support, Car accidents (that do
    not involve a crime), Alimony, Abuse

37
Administrative Law
  • Includes rules regulations made by government
    agencies
  • Example the Environmental Protection Agency
    creating a regulation banning certain types of
    pollution

38
Statutory Law
  • Deal with statutes (state law) that regulates
    behavior
  • Examples
  • Speed limits, food inspection processes, minimum
    ages for work permits, drivers licenses, voting
    requirements, etc.

39
Constitutional Law
  • Laws written in the constitution that must be
    followed
  • Example Rights of the accused, such as
  • Habeas Corpus
  • No Double Jeopardy
  • Hear Question Witnesses
  • Impartial Jury

40
Common 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.

41
International Law
  • 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)

42
Special Systems of Law
43
Military Courts
  • Congress has the power to make Rules for the
    Government Regulation of the land naval
    Forces
  • Called the Uniform Code of Military Justice
    (UCMJ)
  • 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.
  • Separate from the civilian system.
  • Designed for the special needs of the military

44
Juvenile Courts
  • People under age 18 that commit a crime
  • Usually more flexible
  • Allows a judge to look at many factors in a
    childs life when deciding the consequences
  • 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
  • Goal is rehabilitation
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