Laws and Their Ethical Foundation

Chapter 1Pages 4 - 18

What is Law ?

• Laws…enforceable rules of conduct in a society, reflect the culture and circumstances that create them.

• Codes…laws may be grouped into an organized form

What is Law ? Continued…Four Stages in the Growth of Law:

1. Individuals take revenge for wrongs done to them

2. A powerful leader or form of authority substitutes an award of money or goods for revenge

3. The leader or authority gives power to a system of courts

4. The leader or authority acts to prevent and punish wrongs

What is Law ? Continued…King Hammurabi of Babylon

• Law code set about 4 thousand years ago by Hammurabi, King of Babylon, had sections on criminal law, property law, business law, family law, personal injury law, labor law, and others

• This code is similar to U.S. law codes today

What is Law ? Continued…Common Law vs. Positive Law

• Common Law… law based on the current standards or customs of the people– Usually formed from the rules used by judges to

settle people’s disputes– Some laws are created by authority to prevent

disputes and wrongs from happening in the first point

• Positive Law …law based on the dictates of a central political authority

What is Law ? Continued…English Common Law

• Before the English Common Law…barons acted as judges within territories

• King’s Bench… around 1150 King Henry II selected to improve this system– He appointed trusted nobles– Gave them power to order wrongdoers to pay money

to those they injured– During good-weather months judges held court in

villages– During bad-weather months judges stayed together in

London and held appeals court…became known as King’s Bench/Queen’s Bench

What is Law ? Continued…English Common Law continued…

• Jurisdiction …power of a court to decide a case– Baron’s courts (heard local cases before King’s

courts were created) kept power to decide minor cases

– King’s court • Jury… Panel of citizens sworn by a court to decide

issues of fact in court cases– an institution unique to the English Common Law

system…

What is Law ? Continued…English Common Law continued…

• ADVANTAGES …– Created uniformity while maintaining an ability to

adapt to changes in society– Has been a model for legal systems worldwide,

including United States• PRECEDENT… courts used prior cases as a guide

for deciding similar new cases– Common law courts followed precedent

• DISADVANTAGE– Courts had to wait until the harm actually occurred

before they could take action

What is Law ? Continued…Equity: An Alternative to Common Law• Equity…basic fairness– To get around the common law courts kings nobles would

refer matters to a chancellor respected for his fairness (equity)

– A hearing under rules different from common law court was followed…• no jury• Remedies chancellor could impose in the king’s name were

different from those available to the law courts• INJUNCTION…stops something from being done• Not a noble? Too bad!!! No injunction could be accessed

– King created a system of equity courts and placed them under the chancellor’s control• Courts given power to issue injunctions

UNITED STATES TODAY…

• Law Courts AND Equity Courts are merged• Most American courts can award damages or

issue orders or both.