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Civics & Economics – Goal 5 & 6 Sources of Our Laws (15.1). Functions of Law. Laws are sets of rules that allow people to live together peacefully, they affect nearly everything we do
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Functions of Law • Laws are sets of rules that allow people to live together peacefully, they affect nearly everything we do • A major purpose of laws is to keep the peace and prevent violent acts; laws set punishments that are meant to discourage potential criminals • Laws also set rules for resolving disagreements over money, property, contracts and other noncriminal matters
Functions of Law • Good laws must be fair and treat all people equally • Good laws are reasonable and set out punishments that fit the crime • Good laws must be understandable, if the law is too complicated people might break them without realizing it • Good laws are enforceable by communities, states, and federal authorities
History of Law The Code of Hammurabi • The first known system of written law was the Code of Hammurabi • King Hammurabi of Babylonia compiled it about 1760 BC, it was a collection of 282 laws regulating everyday behavior and prescribed harsh penalties
History of Laws The Ten Commandments • Another set of early laws is the Ten Commandments in the Bible, Hebrews in ancient Palestine followed these laws which include moral rules
History of Law Roman Law • In AD 533 Emperor Justinian I, ruler of the Byzantine Empire ordered Roman laws into a body of rules called the Justinian Code • Roman law also became the basis of the Catholic Church, known as canon law
History of Law • 1200 years later, French Emperor Napoleon Bonaparte updated the Justinian Code and called it the Napoleonic Code; laws of Louisiana are based this
History of Law English Commo Law • The most important source of American law is English law, perhaps the greatest contribution is the English system of common law • Common Law= law based on court decisions rather than a legal code
History of Law • When judges decided a new case, they looked in the books for a similar case and followed the earlier ruling, or precedent • The law came to include basic principles of citizens’ rights such as trial by jury and the concept that people are considered innocent until proven guilty
History of Law • Written statutes came to dominate the English legal system but common law continued to have a strong influence; when English settlers came to North America they brought their traditions of common law and individual rights