Ch 1: Legal Heritage & Ethics

Functions of the law: Keeping the peace

• Example Some laws make certain activities crimes.

Functions of the law: Shaping moral standards

• Example Some laws discourage drug and alcohol abuse.

Functions of the law: Promoting social justice

Example Some laws prohibit discrimination in employment.

Functions of the law: Maintaining the status quo

• Example Some laws prevent the forceful overthrow of the government.

Functions of the law: Facilitating orderly change

• Example Laws are enacted only after considerable study, debate, and public input.

Functions of the law: Facilitating planning

• Example Well-designed commercial laws allow businesses to plan their activities, allocate their productive resources, and assess the risks they take.

Functions of the law: Providing a basis for compromise

• Example Laws allow for the settlement of cases prior to trial. Approximately 95 percent of all lawsuits are settled in this manner.

Functions of the law: Maximizing individual freedom

• Example The rights of freedom of speech, religion, and association are granted by the First Amendment to the U.S. Constitution.

Schools of Jurisprudential Thought: Natural Law

Suggests that law is based on what is “correct.” It emphasizes a moral theory of law—that is, law should be based on morality and ethics.

Schools of Jurisprudential Thought: Historical

Believes that law is an aggregate of social traditions and customs.

Schools of Jurisprudential Thought: Analytical

Maintains that law is shaped by logic.

Schools of Jurisprudential Thought: Sociological

Asserts that the law is a means of achieving and advancing certain sociological goals.

Schools of Jurisprudential Thought: Social Justice

Believes that the law should promote the fair division of resources, opportunities, and privileges in society.

Schools of Jurisprudential Thought: Critical Legal Studies

Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness.

Schools of Jurisprudential Thought: Law and Economics

Believes that promoting market efficiency should be the central concern of legal decision making.

Schools of Jurisprudential Thought: Command

Believes that the law is a set of rules developed, communicated, and enforced by the ruling party.

English Common Law

Law developed by judged who issued their opinions when deciding a case. the principles announced in these cases became precedent for deciding similar cases in the future.

Jurisprudence

The philosophy or science of law.

Treaty

An agreement between two or more nations that is formally signed by an authorized representative of each nation and ratified by each nation.

Statutes

Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties.

Code Books

Books that contain statutes enacted by the U.S. congress and state legislatures and ordinances enacted by municipalities.

Ordinances

Law enacted by local government bodies, such as cities and municipalities, countries, school districts, and water districts.

Executive orders

Issued by the president and governors of states. Executive orders regulate the conduct of covered parties.

Regulations and orders of administrative agencies

Administrative agencies are created by the legislative and executive branches of government. They may adopt rules and regulations that regulate the conduct of covered parties as well as issue orders.

Doctrine of stare decisis

A doctrine that requires adherence to precedent. Latin for “to stand by the decision"

Critical legal thinking

Investigating, analyzing, evaluating, and interpreting information to solve simple or complex legal issues or cases

Federalism

system of government where power is divided between a national government (federal) and individual regional governments (states)

Law

A body of rules of action or conduct prescribed by controlling authority and having blinding legal force.