Sources of Our LawsSources of Our Laws15.1 15.1

Functions of LawFunctions of Law

• LawsLaws are sets of rules that allow people to are sets of rules that allow people to live together peacefully, they affect nearly live together peacefully, they affect nearly everything we doeverything we do

• A major purpose of laws is to keep the A major purpose of laws is to keep the peace and prevent violent acts; laws set peace and prevent violent acts; laws set punishmentspunishments that are meant to discourage that are meant to discourage potential criminals potential criminals

• Laws also set rules for resolving Laws also set rules for resolving disagreements over money, property, disagreements over money, property, contracts and other contracts and other noncriminalnoncriminal matters matters

Functions of LawFunctions of Law

1.1. Good laws must be Good laws must be fairfair and treat all people and treat all people equallyequally

2.2. Good laws are Good laws are reasonablereasonable and set out and set out punishments that fit the crimepunishments that fit the crime

3.3. Good laws must be Good laws must be understandableunderstandable, if the law is , if the law is too complicated people might break them too complicated people might break them without realizing itwithout realizing it

4.4. Good laws are Good laws are enforceableenforceable by communities, by communities, states, and federal authorities states, and federal authorities

History of LawHistory of Law

The Code of HammurabiThe Code of Hammurabi

• The first known system of The first known system of writtenwritten law was the Code of law was the Code of HammurabiHammurabi

• King Hammurabi of King Hammurabi of BabyloniaBabylonia compiled it about compiled it about 1760 BC, it was a collection 1760 BC, it was a collection of 282 laws regulating of 282 laws regulating everyday behavior and everyday behavior and prescribed harsh penaltiesprescribed harsh penalties

History of LawsHistory of LawsThe Ten CommandmentsThe Ten Commandments

• Another set of early laws is the Another set of early laws is the Ten Ten CommandmentsCommandments in the Bible, Hebrews in in the Bible, Hebrews in ancient Palestine followed these laws ancient Palestine followed these laws which include moral ruleswhich include moral rules

History of LawHistory of LawRoman LawRoman Law

• In AD 533 Emperor In AD 533 Emperor Justinian I, ruler of the Justinian I, ruler of the Byzantine Empire ordered Byzantine Empire ordered Roman laws into a body of Roman laws into a body of rules called the rules called the Justinian Justinian CodeCode

History of LawHistory of Law• Roman law also became the basis of the Catholic Roman law also became the basis of the Catholic

Church, known as Church, known as canon lawcanon law

History of LawHistory of Law• 1200 years later, French 1200 years later, French

Emperor Napoleon Emperor Napoleon Bonaparte updated the Bonaparte updated the Justinian Code and called it Justinian Code and called it the the Napoleonic CodeNapoleonic Code; laws ; laws of Louisiana are based thisof Louisiana are based this

History of LawHistory of LawEnglish LawEnglish Law

• The most important source The most important source of American law is of American law is EnglishEnglish law, perhaps the greatest law, perhaps the greatest contribution is the English contribution is the English system of system of common lawcommon law

• Common LawCommon Law= law based = law based on on courtcourt decisions rather decisions rather than a legal codethan a legal code

History of LawHistory of Law

• When judges decided a When judges decided a new case, they looked in new case, they looked in the books for a similar case the books for a similar case and followed the earlier and followed the earlier ruling, or ruling, or precedentprecedent

• The law came to include The law came to include basic principles of citizensbasic principles of citizens’’ rights such as trial by jury rights such as trial by jury and the concept that and the concept that people are considered people are considered innocentinnocent until proven guilty until proven guilty

History of LawHistory of Law

• Written Written statutesstatutes came to came to dominate the English legal dominate the English legal system but common law system but common law continued to have a strong continued to have a strong influence; when English influence; when English settlers came to North settlers came to North America they brought their America they brought their traditions of common law traditions of common law and individual rights and individual rights