Intro to Law“Laws are like sausages, it’s better to not see them being
made”- Bismarck
What is Law??
• Rules that help communities tell people what is right or wrong and that protects the rights of the individual.
Jurisprudence
The study of law and legal philosophy.
Questions that comefrom lawWhy do
wehave a criminaljustice system?
What is theoverall purposeof the justice system?
Whose interests does the system serve?
How dowe measurethe effectivenessof the system?
Classical School of Criminal Justice
John Locke
Thomas Hobbes
CesareBeccaria
Jeremy Bentham
ThomasHobbes
Who IS thisguy?
What are his views on humannature?
What does he mean bythe “socialcontract”?
What isthe best type of government?
“Leviathan”
John LockeWho is THISguy?
What is hisview on humannature?
Whatdoes hemeanby “socialcontract”?
What isthe beststyle of government?
Cesare Beccaria
Utilitarianism
Punishmentfitsthe
crime
Deterrence
“The greatesthappiness for the greatestnumbers”
Jeremy Bentham
I’m goingto stickit up!
There’sa
Sheetz
I’m hungry!
“Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it.” Introduction to the Principles of Morals and Legislator
What stops most people of sticking up Sheetz when they are hungry?
Criticisms of the Classical School
The Positivist School of Criminal Justice
Charles Darwin
Cesare Lombroso
Auguste Comte
“Origins of Species” and“The Descentof Man”
“Anatomy isdestiny”- Sigmund Freud
SocialDarwinism
“I am the ape man, I am theape man, I am the walrus, Cucucacho”- John Lennon
Auguste Comte
Hypotheses Experiments Truth and Laws
Human conductand cultural traits?
Rehabilitation
Responsibility foractions?
Biology andcriminality?
“Phrenology”
Criticisms of the Positivist School
Foundations of the Legal System
Each has rights and responsibilities to one another.
RULE OF LAWWhat does it mean?
What are your rightsand responsibilities with this concept?
What is the government’srights and responsibilitieswith this concept?
Our legal system is based on morals and ethics.
But not everything that is immoral is illegal.What are some examples of this?
GOALSOF
OURLEGAL SYSTEM
ProtectBasic
HumanRights
Promote Fairness
Resolve Conflicts
PromoteDesirableSocial andEconomic Behavior
What about abortion?
What aboutaffirmativeaction?
Examples?
TYPES OF LAW(based on the origin)
Constitutional
Statutory
Court Decisions1. Common Law or2. Precedents
The 2 Major Divisions of Law
Criminal Law-defines publicwrongs and provides for their punishment
Civil Law-law related to human conduct,disputes betweenprivate parties, orprivate parties andthe government
Crim Law
Civ Law
15%
85%