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Basics of Law

Basics of Law. Basics of Law. Law : Rules and regulations made and enforced by government that regulate conduct of people within a society. Every society has need for laws. Without law, risk of confusion and disorder. EX: Speeding, murder, larceny, etc. Main Idea I: Goals of system.

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Basics of Law

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  1. Basics of Law

  2. Basics of Law • Law: Rules and regulations made and enforced by government that regulate conduct of people within a society. • Every society has need for laws. • Without law, risk of confusion and disorder. • EX: Speeding, murder, larceny, etc.

  3. Main Idea I: Goals of system Laws reflect our values, and: Protect basic human rights Promote fairness Help resolve conflicts Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of minorities

  4. Main idea II: “Rule of law” • EX: Two men caught stealing crown jewels, brought before king. One has hands cut off, another (because he’s king’s cousin) gets off scott free. • Not fair. Why? Not predictable. King just making it up as he goes. • Laws set down to make things more objective, black and white, predictable. Have “rule of law,” not rule by person/people. • Once it’s laid down, people must follow it, no matter what.

  5. “Rule of law” • Government can’t function without respect for law. • Called the “rule of law.” • All members of society (including lawmakers, and government officials) must follow the law. • No one is above the law, think Brown allowing late drafts/signing passes, Blago (fed corruption laws), Bill Clinton (lying under oath). • Adams turning over White House to Jefferson. . . • Prevents arbitrary decisions, promotes stability/predictability.

  6. “Rule of law” • Thomas Paine (Common Sense): “In America, the law is King. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other." • John Adams (Mass. Const): “We are a government of laws and not men.”

  7. “Rule of law” • Think about USA. . .we for the most part follow this, respect the law. Govt officials swear oath to follow law and (mostly) do so. • Other countries, not so much. • In some nations, for example, you get arrested, evidence may be fabricated, judge may not follow procedure, cases may drag on for years. Government doesn’t follow procedures. No rule of law.

  8. Main Idea III: Crafting laws • Crafting laws: Must be very precise with what you mean. Not always easy. A law must be “narrowly tailored” and not “overbroad.” Bug with bazooka idea. • Interpretation issues will arise. . . • EXAMPLE: “No weapons at school.” • EXAMPLE II: “Stealing” the crown jewels. Borrow? Moves them 15 feet? • EXAMPLE III: Rahm Emanuel. . .a “resident” of Chicago? • EXAMPLE IV: Obama a “natural born citizen”?

  9. Main Idea IV: Conflict • Sometimes goals conflict. • EXAMPLE: USSC case, 2009. 13-year old student Savana Redding strip searched for ibuprofen. • Protect her rights v. promoting safety/stability.

  10. Main Idea V: Enforcing laws • Tension: Too strict, can seem unfair. Too loose, becomes too subjective, unpredictable. • Weapons at school example again. Too strict? Too loose? • My mom: Be home at 11:30 p.m. • My “rolling stop” in Huntley.

  11. Main Idea VI: Limits of law • At times, law can’t solve the problem. • Adultery a crime: Would it make people more moral? • Force students to say the pledge: Will it make them patriotic?

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