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Intro to Law

“Laws are like sausages, it’s better to not see them being made”- Bismarck. Intro to Law. What is Law??. Rules that help communities tell people what is right or wrong and that protects the rights of the individual. Jurisprudence. The study of law and legal philosophy. Questions that come

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Intro to Law

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  1. “Laws are like sausages, it’s better to not see them being made”- Bismarck Intro to Law

  2. What is Law?? • Rules that help communities tell people what is right or wrong and that protects the rights of the individual.

  3. Jurisprudence The study of law and legal philosophy.

  4. Questions that come from law How do we measure the effectiveness of the system? Why do we have a criminal justice system? What is the overall purpose of the justice system? Whose interests does the system serve?

  5. Classical School of Criminal Justice John Locke Jeremy Bentham Cesare Beccaria Thomas Hobbes

  6. What is the best type of government? Who IS this guy? Thomas Hobbes What does he mean by the “social contract”? What are his views on human nature?

  7. “Leviathan”

  8. What does he mean by “social contract”? What is his view on human nature? What is the best style of government? Who is THIS guy? John Locke

  9. Utilitarianism Cesare Beccaria Deterrence Punishment fits the crime “The greatest happiness for the greatest numbers”

  10. What stops most people of sticking up Sheetz when they are hungry? Jeremy Bentham “Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it.” Introduction to the Principles of Morals and Legislator

  11. Criticisms of the Classical School Do people always act rationally? Are people truly equal? Is the degree of free will the same for all people?

  12. The Positivist School of Criminal Justice Cesare Lombroso Charles Darwin Auguste Comte

  13. “Anatomy is destiny”- Sigmund Freud Social Darwinism “Origins of Species” and “The Descent of Man” “I am the ape man, I am the ape man, I am the walrus, Cucucacho”- John Lennon

  14. Auguste Comte Human conduct and cultural traits? Rehabilitation Responsibility for actions? Hypotheses Experiments Truth and Laws

  15. Biology and criminality? “Phrenology” Cesare Lombroso

  16. Criticisms of the Positivist School Can people be "saved"? Is science the only way to knowledge? Are biology and culture an excuse for criminal acts?

  17. Foundations of the Legal System Each has rights and responsibilities to one another.

  18. RULE OF LAW What does it mean? What is the government’s rights and responsibilities with this concept? What are your rights and responsibilities with this concept?

  19. Our legal system is based on morals and ethics. But not everything that is immoral is illegal. What are some examples of this?

  20. Protect Basic Human Rights Promote Desirable Social and Economic Behavior What about abortion? GOALS OF OUR LEGAL SYSTEM What about affirmative action? Examples? Resolve Conflicts Promote Fairness

  21. TYPES OF LAW (based on the origin) Constitutional Court Decisions • Common Law or • 2. Precedents Statutory

  22. The 2 Major Divisions of Law Criminal Law- defines public wrongs and provides for their punishment Civil Law- law related to human conduct, disputes between private parties, or private parties and the government

  23. Percentage of Cases per Division 15% Crim Law 85% Civ Law

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