Sources of Laws

1. Sources of Laws

2. Functions of Law • The first known system of law came from Hammurabi of Babylon. • John Adams wrote in the original draft of the MA constitution that the state should have a government of laws, not of men.”

3. Functions of Law • John Adams wrote in the original draft of the MA constitution that “the state should have a government of laws, not of men.” • Adams meant that government should operate by established rules rather than changeable or prejudicial feelings of those in power.

4. Function of Laws • Law Defined: Laws are sets of rules allowing for people to live in society peacefully. • Laws are binding on everyone. • Laws make it possible for people, org’s, & gov’s to deal with each other.

5. Purpose of Laws • Keep the peace • Prevent Violent acts • Set punishment for violations • Discourage criminal acts

6. Accomplishing the Functions of law • Enforcement of law through the law enforcement & the courts. • Set laws for resolving disputes civil disputes (contracts, money, property, noncriminal matters)

7. How Laws are Effective • To be effective, laws must be fair and treat everyone equally. • Good laws are reasonable, ordinary people must be able to understand the laws, which leads to laws being obeyed, and enforcement is accomplished easily. • 4thhr

8. Early Law • It is believed law existed in prehistoric societies with unwritten rules of behavior. • Repeating, Hammurabi of Babylon had the first written code circa 1760 BC

9. Hammurabi • His code had 283 laws regulating everyday behavior. • Hammurabi’s code had harsh punishments. • If some one was caught stealing he would have to pay back 10 times the value of the property taken or face death.

10. Ten Commandments • Another early was the 10 commandments in which the Hebrews followed. • It included moral rules about how people should behave towards one another. • The commandments are reflected in American law today.

11. Roman Law • The Romans made a science of the law called jurisprudence- study of the law. • The first Roman code was published in 450 BC and like Hammurabi, their penalties for offenses were harsh.

12. Roman Law • Over several centuries the Roman Senate created many laws. • Later Roman emperors would create law by issuing edicts- commands equivalent to laws. • Roman law would spread through Europe, Africa & western Asia.

13. Roman Law • In 533 AD Emperor Justinian I narrowed the Roman code down into a manageable set of rules called the Justinian Code. • These laws also became part the laws of the Roman Catholic Church.

14. Roman Law • 1200 years later French Emperor Napoleon Bonaparte updated the Justinian Code and called it the Napoleonic Code. • Napoleon would go on to conquer much of Europe in the 19th century implementing his code along the way.

15. Roman Law • The Napoleonic Code would also be implemented in Louisiana which was French Territory until it was sold to the U.S. in 1803 during the Jefferson Administration.

16. English Law • The most important source of American Law is English Law. • The greatest contribution of English Law was common law – law based on court decisions rather than legal code.

17. English Law • After the Norman conquests of 1066 English kings sent judges into the countryside to administer justice. • Over time these judges would compare facts and rulings setting Precedents- a basis for common law based on opinion.

18. English Law • English judges the blended Roman Law, Canon Law into Common Law. • By the 17th century, English Parliament began writing statutes- coded law, which still dominates today.

19. English Law • When settlers came to the North America they brought with them their knowledge and traditions of the English System. • Today the Common Law and Precedents are still apart of the American system.