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Laws and Their Ethical Foundations

Laws and Their Ethical Foundations. 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Basis for Laws. Goals. Explain the stages in the growth of law Describe the differences between common law and positive law Identify the origin of the U.S. legal system. Stages.

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Laws and Their Ethical Foundations

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  1. Laws and Their Ethical Foundations 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Basis for Laws

  2. Goals • Explain the stages in the growth of law • Describe the differences between common law and positive law • Identify the origin of the U.S. legal system

  3. Stages • Individuals are free to take revenge for wrongs done to them • A leader acquires enough power to make revenge minded people accept money or goods for wrongs done to them • The leader gives this power to a system of courts • The leader or central authority acts to prevent and punish wrongs

  4. Common vs. Positive Law • Based on current standards or customs • Formed by judges decisions • Set by a sovereign or central authority • Tries to prevent disputes and wrongs from occuring • Laws reflect the thoughts of the people who make them • They need to change as society changes

  5. Origin of the U.S. Legal System • Roman civil law – Louisiana only • English common law – other 49 states • Before common law Baron’s in England decided disputes based on local customs. • Problem? • Customs varied from region to region

  6. King’s Bench • 1150 – King Henry II created a group of traveling judges • Good weather – travel to different regions in England, hear disputes, and decided a case based on customs • Bad weather – return to London and discuss cases • The King’s courts had jurisdiction (the power to decide a case) over a Baron.

  7. Jury • Judges choose panel of citizens in the region to help interpret local customs • This panel is known today as a jury

  8. An Example • William vs. Gwen

  9. Advantages of English Common Law • Created uniform custom-based law • Creates uniformity while allowing to adapt to changes in society • Created precedent

  10. Disadvantages of English Common Law • Required rigid adherence to proper form • Could only grant remedy for damages • Farmer example

  11. Equity • Nobles could directly petition the King • Chancellor conducts hearing • Issues injunction • King noticed a need for equitable remedies for all citizens and created a system of equity courts

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