Random Fact of the Day!Random Fact of the Day!

Topsail Beach ordinance that says Topsail Beach ordinance that says hurricanes are not be permitted hurricanes are not be permitted within the town limits; it is against within the town limits; it is against the law. the law.

Chapter 15, Section 1Chapter 15, Section 1Sources of Our LawsSources of Our Laws

Main Idea: Main Idea: Modern laws in the U.S. can be traced Modern laws in the U.S. can be traced

back to early laws that have been back to early laws that have been passed on from other countries. passed on from other countries.

I. I. Functions of LawFunctions of Law (pages 344-345) (pages 344-345)

A.A. Laws are rules that allow people Laws are rules that allow people to live peacefully in society. They to live peacefully in society. They guarantee individual liberties. guarantee individual liberties.

***People, organizations, and ***People, organizations, and governments can deal with governments can deal with another because they know another because they know what is what is not what is what is not permitted.***permitted.***

***To discourage criminal acts, ***To discourage criminal acts, laws set punishments and laws set punishments and establish a judicial system to establish a judicial system to enforce the laws.***enforce the laws.***

B.B. Laws must be fair and treat all Laws must be fair and treat all people equally to be effective. people equally to be effective. ***Punishment must fit the ***Punishment must fit the crime!***crime!***

***Founding fathers based the ***Founding fathers based the nation’s system of laws on nation’s system of laws on traditions and laws passed from traditions and laws passed from previous generations.---Common previous generations.---Common Law***Law***

II. II. Early LawEarly Law ( 345-347) ( 345-347)

A.A. Laws have been passed orally. Laws have been passed orally.

B.B. The first known system of The first known system of written law was the Code of written law was the Code of Hammurabi Hammurabi ***a collection of ***a collection of 282 laws compiled by king 282 laws compiled by king Hammurabi of Babylonia in Hammurabi of Babylonia in about 1760 B.C.***about 1760 B.C.***

C.C. The Hebrews of Palestine followed The Hebrews of Palestine followed the Ten Commandments, found in the Ten Commandments, found in the Bible. the Bible.

D.D. The Romans called their law The Romans called their law Jurisprudence Jurisprudence (penalties were drastic!)(penalties were drastic!)

1. 1. JurisprudenceJurisprudence-- The study of law The study of law

**Torture*****Torture***

***Roman emperors adopted many ***Roman emperors adopted many laws.***laws.***

E.E. The code of Justinian put Roman law The code of Justinian put Roman law in orderly manner. This also in orderly manner. This also became part of the Roman Catholic became part of the Roman Catholic Church. Church.

***120. Men must marry. Rome, 131 ***120. Men must marry. Rome, 131 B.C. (fr. 6 Malcovati. L) B.C. (fr. 6 Malcovati. L)

- “If we could survive without a wife, - “If we could survive without a wife, citizens of Rome, all of us would do without citizens of Rome, all of us would do without that nuisance; but since nature has so that nuisance; but since nature has so decreed that we cannot manage decreed that we cannot manage comfortably with them, nor live in any way comfortably with them, nor live in any way without them, we must plan for our lasting without them, we must plan for our lasting preservation rather than for our temporary preservation rather than for our temporary pleasure.”pleasure.”

***123. The consequences of adultery (Paul, ***123. The consequences of adultery (Paul, Opinions 2.26.1-8, 10-12, 14-17. L) Opinions 2.26.1-8, 10-12, 14-17. L)

1.1. A father is permitted to kill with his own hands A father is permitted to kill with his own hands an adulterer caught in the act with his daughter in an adulterer caught in the act with his daughter in his own house or in that of his son-in-law, no his own house or in that of his son-in-law, no matter what his rank may be. matter what his rank may be.

2.2. A husband who kills his wife when caught with A husband who kills his wife when caught with an adulterer should be punished more leniently, an adulterer should be punished more leniently, for the reason that he committed the act through for the reason that he committed the act through impatience caused by just suffering. impatience caused by just suffering.

3.3. It has been decided that a husband who It has been decided that a husband who does not at once dismiss his wife whom he does not at once dismiss his wife whom he has taken in adultery can be prosecuted as has taken in adultery can be prosecuted as a pimp. a pimp.

F.F. More than 1,000 years later, French More than 1,000 years later, French emperor Napoleon updated the emperor Napoleon updated the Justinian and called it the Justinian and called it the Napoleonic code. Napoleonic code.

***American laws are based mainly ***American laws are based mainly on the English system of on the English system of Common Law*** Common Law***

G. G. Common LawCommon Law-- laws based on court laws based on court decisions rather than legal code. decisions rather than legal code. *Precedents**Precedents*

H.H. English judges blended Roman law English judges blended Roman law and canon law into the body of and canon law into the body of common law. common law. ***It included basic ***It included basic rights; such as trial by jury and rights; such as trial by jury and innocent until proven guilty.***innocent until proven guilty.***

I.I. English settlers brought their system English settlers brought their system of common law to the U.S. Today, it of common law to the U.S. Today, it is the basis of our legal system. is the basis of our legal system.

MINI QUIZ!!!MINI QUIZ!!! Jimmy Eat World- The Middle Jimmy Eat World- The Middle

1. Why do we have laws?1. Why do we have laws?

2. Early on, how were laws passed to 2. Early on, how were laws passed to one another?one another?

3. The 13. The 1stst known system of written law known system of written law was the code of?was the code of?

4. “The study of law”---what is it?4. “The study of law”---what is it?

5. What is common law? Where did we 5. What is common law? Where did we borrow this idea from?borrow this idea from?