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Laws and Their Ethical Foundation Chp 1

Laws and Their Ethical Foundation Chp 1. Section 1-1 – Laws and Legal Systems Laws – enforceable rules of conduct in a society, typically reflect the culture and circumstances that create them, maybe grouped into an organized form called code Stages in the Growth of Law

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Laws and Their Ethical Foundation Chp 1

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  1. Laws and Their Ethical Foundation Chp 1 • Section 1-1 – Laws and Legal Systems • Laws – enforceable rules of conduct in a society, typically reflect the culture and circumstances that create them, maybe grouped into an organized form called code • Stages in the Growth of Law • Individuals are free to take revenge for wrongs done to them. • Leader acquires enough power to be able to force revenge-minded individuals to accept an award of goods or money instead. • Leaders gives power to a system of courts • Leader/central authority acts to prevent and punish wrongs by enforcing set of laws and punishments

  2. Laws and Their Ethical Foundation Chp 1 • Laws should be: • Predictable to produce a stable society.Positive Law, is set down by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place • Flexible allowing changes based on the current standards of society.Common Law, based on standards and customs of the people is formed from the rules used by judges to settle disputes.

  3. Laws and Their Ethical Foundation Chp 1 • Roman Civil Law vs. English Common Law • Roman Civil Law • well organized, comprehensive sets of statutes in code form • typically only changed by the central government, not judges • Louisiana is the only state in the union that has a civil law system.

  4. Laws and Their Ethical Foundation Chp 1 • English Common Law • brought from England • Jurisdiction, court with the power to decide a case • Basic Steps: (using example p. 7/8)1. wrong is committed2. court appearance to request damages (monetary award)3. jury selected, hears evidence, makes a decision4. judge decides award if defendant found guilty5. if applicable appeal by defendant will follow6. if overturned then the law will change, precedent set

  5. Laws and Their Ethical Foundation Chp 1 • Common Law, cont. • Advantage – common law achieves uniformity while maintaining an ability to adapt to changes in society • Disadvantage – courts had to wait for harm to actually occur before taking action • Equity courts emerged, orders to compel something be done or issue an injunction to stop something from being done • Modern Day U.S. – law courts and equity courts are generally merged. Most American courts can award damages and/or issues orders

  6. Laws and Their Ethical Foundation Chp 1 How laws change due to society/culture Read ‘Cyberlaw’ bottom of page 8 Question: Do you think people should be held accountable for threats they make online?

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