What is LAW?

Jurisprudence• Study of law and legal

philosophy (science or philosophy of law)

• Attempts to answer the question “What is the law?”– Should law be created by

government to control people? Or

– Should people create laws to control the government?

• How does law continually evolve?

• Can you think of laws you strongly disagree with?

Rules vs. Laws• Rules = formal

rules/regulations, made by private parties

• Laws = rules/regulations made & enforced by government (federal, state, local, tribal)

• “Rule of Law” = rules be known in advance and be created in a democratic process

Characteristics of Effective Rules/Laws

-Clear-Consistent-Announced to all parties in advance-Applied equally and consistently-Cannot discriminate against individuals without just cause

Laws and Values• not everything that is

immoral is illegal (Example?)

• influenced by traditional ideas of right and wrong in a society

• Fundamental Problem:– Goals of Law conflict with

our Values as a society

• Laws are the foundation of our democracy

• 7 Goals of Our Legal System:– 1. protect human rights– 2. promote fairness– 3. help resolve conflicts– 4. promote order/stability– 5. promote desirable

social/economic behavior– 6. represent will of

majority– 7. protect the rights of

minorities Do these last 2 conflict?

Examples of Controversial Laws• The Patriot Act• Affirmative Action• Euthanasia Legislation

here in Michigan (Jack Kevorkian) (State)

• Gun Rights (State)• Marijuana (State)• Mandatory Minimum

Sentencing

What Laws Must Do…• Balance, Balance,

Balance!!!!!….– Rights vs.

Responsibilities– Will of Majority vs. The

Right of Minority– Need for Order vs.

Human Rights

Our First Case Study so…

• The Case of The Shipwrecked Sailors:– Is the letter of the law

concrete? (can intent be taken into consideration?)

– Do circumstances come into play?

– Demonstrates the importance of Jurisprudence…