Learning Objective SWBAT explain the purpose of laws
Learning Objective: SWBAT… explain the purpose of laws Identify the causes and the sources of law in the United States What would it be like to live… Life without Laws
TURN AND TALK Is it possible for our society to function without any system of laws and punishment? Why or why not? What is the purpose of laws? TO MAINTAIN SOCIAL ORDER
What is a law? • a rule made by the government of a town, state, or country • What are the sources of law in this country? In other words, if I were a foreigner who arrived in the United States and was passionately interested in finding out what I and other people could and couldn’t do here, what would I have to look at?
Sources of U. S. Law 1. Constitution Article VI of the U. S. Constitution asserts that “This Constitution … shall be the supreme Law of the Land” 2. Common law One of the main parts of common law is the law of precedent. Once a court makes a decision, it is binding on other courts in later cases presenting the same legal problem. 3. Statutes and ordinances 4. Administrative rules with criminal penalties 5. Appellate court decisions
TURN AND TALK: WHAT ARE MORALS? WRITE DOWN A DEFINITION OR EXAMPLE TO SHARE WITH THE CLASS
Definition of Morals • a person's OR society’s standards of behavior or beliefs concerning what is and is not acceptable for them to do. How do laws reflect a society’s morals?
Goals of a legal system 1. Protect basic human rights 2. Promoting fairness 3. Helping resolve conflicts 4. Promoting social order and stability 5. Promoting desirable social and economic behavior 6. Representing the will of the majority 7. Protecting the rights of minors
The case of the Shipwrecked Sailors 1. Should Dudley and Stephens be tried for murder? 2. As an attorney for Dudley and Stephens what arguments would make on their behalf? 3. If they are convicted, what should be their punishment? 4. What purpose would be served by convicting Dudley and Stephens? 5. What is the relationship between law and morality in this case? Was it morally wrong for Dudley and Stephens to kill Brooks? Explain your answer.
What is the reason for these laws? 1. IT IS A CRIME TO CHEAT ON YOUR TAX RETURNS. 2. ALL CITIZENS MAY VOTE AT AGE 18. 3. SPECIAL GOVERNMENT PROGRAMS LEND MONEY TO MINORITY-OWNED BUINESSES AT LOW INTEREST RATES. 4. GOVERNMENT OFFICALS MAY NOT ACCEPT GIFTS FROM PEOPLE WHO WANT THEM TO PASS CERTAIN LAWS. 5. POSSESSION OF MARIJUANA IS A CRIME. 6. YOU MAY NOT DRIVE ABOVE THE POSTED SPEED LIMIT. 7. YOU MAY ONLY BE LEGALLY MARRIED TO ONE SPOUSE.
LEARNING OBJECTIVE. SWBAT…. EXPLAIN THE PURPOSE OF LAWS AND THE RELATIONSHIP BETWEEN LAWS AND SOCIETY’S MORALS What are ethics? (are they morals or like morals? )
What are Ethics? a : a set of moral principles or values b : a theory or system of moral values c : the principles of conduct governing an individual or a group d : a guiding philosophy Merriam-Webster Online Dictionary
The Right Thing to Do? • In groups of 3 discuss each situation and come to group conclusion as to the “right thing to do” AND a reason why you believe it is the right thing to do. • Each member of the group must be prepared to share out to the class (TAKE NOTES) • YOU HAVE 18 minutes to discuss the items.
Homework • You have been stranded on a deserted island in the middle of the Pacific with a number of other people. You have been elected President and assigned the task of creating a set of laws for your island (the island doesn’t have checks and balances or separation of powers). • Using three of the above situations, address the following: a) What would you do in the situation and why? b) Should there be a law/rule to govern the situation or should it be left to the people on the island to act ethically? Why? If there should be a law, what should it be?
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