Law is everywhere but very difficult to define - Lawrence Freedman•What is law?A)Law creates rules that regulate the affairs among individuals of societyIndividual = State, corporation, humanLaw is about establishing rules.1.Rules are established in order to establish pro-social conductLaw is about establishing conduct2.To make law work rules must be associated with sanctions (punishments)Law is about sanctions3.We need a level of social control but also we don’t want too muchLaw is about establishing social control4.We are interested with laws associated with government 5.Not torture or other illegitimate actionsOnly interested with laws done in legitimate or constitutional ways6.Law's are backed by the force of the state7.Law is political - Determines winners and losers8.Like the English language. Law has to catch up to technological changesLaw is changing, it is not a constant9.Law is no more or less rational than any other thing created by humans10.Law is not inherently fair11.11 Point Definition of LawLawyers Look at the law in a practical and instrumental wayThey seek to learn the rules1.They criticize the rules2.They learn to change the rules3.They learn to organize the rules4.They learn to apply the rules5.Learn how to manipulate the rules6.A lawyer's job is to represent you and get you through a case. Lawyer uses the law as a toolLawyersTells us who were the winners and losers of history•Social Scientists are interested in the origins of law1.When does society have to go from a norm to a rule?How well do rules do what we want? When should a rules become a norm (ex. Prohibition)Rules and Norms2.Mobilization of rules - study who uses the law and who doesn’t3.Interested in forum shopping - what forum do you go to (51 different legal systems)4.Mediation of Lawyers - effects of lawyers and the outcomes of cases5.Definition of defiance and establishment of social control6.Independent institutional factors7.Difference b/w humans and corporations, genders, racesInterested in equality8.Social ScientistsAbel - Lawyers vs. Social Scientists view of the law pp 1-10Started by RomansCreated for political reasons to control betterEstablished a universal law for the roman empire•Code of Justinian (553-1453)Between 1453 and 1804 adjustments to Justinian's code came up in different areasTook Justianians code and modernized it•Ended up spreading all over the eastern hemisphere•Napoleonic Code 1804Code - collection of systemically and logically interrelated articles or statutes•All these eras tried to make a code that could handle any legal dispute Supposed to solve any problem that may arise in the futureJudges are not intended to be creative but rather to find the answer to a disputeIn code law there is no reliance on a previous judges decisionRomano - Germanic - Civil - Code law-Fundamentally different, seeks the same goal but is far less ambitiousEngland, US, Canada, Australia, New Zealand, Honk Kong, Northern Ireland.•India mixes common law with traditions•South Africa has 2 systems side by side, a citizen can choose between the two - either •Started in England. The English took it everywhere they colonizedAnglo-Saxon - Common Law 1/19/2011, 3:39 PM •Roots of American LawB)Section 1Wednesday, January 12, 20115:01 PM Section 1 Page 1South Africa has 2 systems side by side, a citizen can choose between the two - either common law or code law.•Normans Invaded England in 1066 but there were multiple problems after invasion. Normans try to unify the law to solve the problems. They decide that the court would be based in London. They would ride circuit - judges would be based in London but would go to outlying cities periodically . They applied previous decisions to the case. He would come back to London and discuss it with Judges and add it to law.Stare Decisis - "Let the Decision Stand" (precedent) If there is an earlier decision that can solve the case at hand then use that decision. If there isn't then add a new law to solve the case. Judge made law.Statutory law - code law. If a legislative body creates a law then that law replaces common law. Statutory law trumps common law.In code law countries there can be supplemental texts that send a message to judges on how to deal with holes and fix the codeCommon Law1.Statutory Law (code law)2.Used to declare our reason for independence1.When people criticize or assess law they used a natural conception2.Fundamental problem - there is no one law we all agree upon3.Natural Law - Not a law that is found in a book, it is a concept based on how the world should operate. Deals with issues like equality fairness justice. It is closely linked to religious beliefs. 3.If you have a legal question the first place to start is in the constitution. It serves as the base. All laws build upon the constitutionThe fundamental law of a nation or state. 1)A constitution can be written, unwritten or a combination of the two.2)Tells us whether we are a republic democracy, monarchy, parliamentary, etc. Tells us what kind of gov we have.a)Establishes the character and conception of the government3)Tells the diff elements what they can and cant doa)Regulated, distributes, and limits the powers of diff parts of the gov.4)Responsible for defining the relationship between the government and the people5)Can come explicitly through a constitutional conventiona)Derives its power and legitimacy from the governed or the people.6)Based on a constitution:•Ratified by 9/13 states in 1788.□Went into effect in 1789Between 1776 and 1788 we had the articles of confederation that was a failure.Establishes a federal republic - Power is shared by 2 levels of gov, The federal and the state govs. Does not say that those two levels are coequal.ExecutiveLegislativeJudicialDivides power between 3 elements of government:Does not say those 3 branches are coequal - Congress was predicted to be the most powerful, the executive second and the courts third.First 7 articles deal with governance issues, The 3 branches and how they interact.Framers thought the national government would not infringe on peoples rights1791 The bill of rights were added, first 10 amendments - deal with rights of the people.27 amendments added to the constitution. The last one was added in 1992 - deals with congressional