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What is LAW?
Jurisprudence• Study of law and legal
philosophy (science or philosophy of law)
• Attempts to answer the question “What is the law?”– Should law be created by
government to control people? Or
– Should people create laws to control the government?
• How does law continually evolve?
• Can you think of laws you strongly disagree with?
Rules vs. Laws• Rules = formal
rules/regulations, made by private parties
• Laws = rules/regulations made & enforced by government (federal, state, local, tribal)
• “Rule of Law” = rules be known in advance and be created in a democratic process
Characteristics of Effective Rules/Laws
-Clear-Consistent-Announced to all parties in advance-Applied equally and consistently-Cannot discriminate against individuals without just cause
Laws and Values• not everything that is
immoral is illegal (Example?)
• influenced by traditional ideas of right and wrong in a society
• Fundamental Problem:– Goals of Law conflict with
our Values as a society
• Laws are the foundation of our democracy
• 7 Goals of Our Legal System:– 1. protect human rights– 2. promote fairness– 3. help resolve conflicts– 4. promote order/stability– 5. promote desirable
social/economic behavior– 6. represent will of
majority– 7. protect the rights of
minorities Do these last 2 conflict?
Examples of Controversial Laws• The Patriot Act• Affirmative Action• Euthanasia Legislation
here in Michigan (Jack Kevorkian) (State)
• Gun Rights (State)• Marijuana (State)• Mandatory Minimum
Sentencing
What Laws Must Do…• Balance, Balance,
Balance!!!!!….– Rights vs.
Responsibilities– Will of Majority vs. The
Right of Minority– Need for Order vs.
Human Rights
Our First Case Study so…
• The Case of The Shipwrecked Sailors:– Is the letter of the law
concrete? (can intent be taken into consideration?)
– Do circumstances come into play?
– Demonstrates the importance of Jurisprudence…