August 18, 2009 Religious -Christianity -Islam -Buddhism Christianity/ Judiasm- Code of Hammurabi (80 pages) -Lex talons (eye for an eye) -Old Testimate very harsh, New testimate revisions -Protestant- Reinhold Neibur (balance of power between classes, freedom and equality) -Catholic- Libertarian theology Islam- The Koran, word of god as said to Mohammad -Vengeance tempered by mercy -Avoid social and economic inequality -Shiites vs. Sunnis (15% of muslims Shiites, and Majority Sunnis) -Wahhabism- Osama Bin laden follows this. Buddhism- fundamental belief to avoid extremes -Believe that social decline results from unjust leaders -People should be moderate in: views, thoughts, conduct. Livelihood Philosophical Perspectives -Illiad- revenge and punishment -Plato- corrective not punitive -Aristotle- distributive vs. rectificatory, to fix whats broken -Thomas Aquinas-natural law -John Stuart Mill-Utilitarian, ends justify the means -John Rawls-Justice and fairness, personal characteristics do not matter Justice and the State -Diving right of Kings- do not question whatsoever. -Machiavelli?s The Prince, must appear honest to public citizens, but actually do whatever it takes to get where or what you want. -The social contract- State enforces rules that many people agree on. Nature of Law -Natural Law -Positivism- People with power can make laws to suit themselves better -Sociological Jurisprudence Natural Law-Things all agree are wrong/ immoral (murder) -There are universal laws that apply in all societies and over time. -Has a moral basis, no division between law and morality. -Responds to universal human needs and people are ultimately accountable to a higher authority -Political power limited by rules of natural law -Exists independent of state or government. Rational Law- Laws that only some say are wrong. -Society creates general laws that are coupled to specific situations -Law has practical basis -Law is based on the needs of society and it is society to whom the people are responsible. -Political power is the basis of law -There is no law without state or government Liberty vs. Equality -Libertarians- no rules or regulations at all -Egalitarians- everything should be equal, these two things are opposites Crime and Justice -Crime Control- no restrictions, lock up everyone -Due Process- everything must be done orderly and correctly Social Justice- Focus on classes of people -Negative Rights- what we can limit for the government -Positive Rights- Things we are entitled too -Justice and Economics -Justice and Gender, Race, The environment and Justice August 20, 2009 Types of Legal Systems -Common Law- The United States current system, from England -Civil Law- Most common in China, Europe -Islamic Law Common Law vs. Civil Law -Common law is from England as a result from the Vikings -1066: Norman conquest of England by William I, said everything must be done in French, sent people out to go to all counties in Europe and do a census -1086:William I makes records of customs, called ?Doomsday Books? -1164: Constitution of Claredon defines common customs -Late 13th century, court begins keeping written records -1436: Gutenberg invents printing press Common Law Key Ideas -Precedent of stare decisis -Importance of Procedural Law -Courts ultimately decide the law -Factual guilt vs. legal guilt -Law school training emphasizes case study and trial practice -Crime is against the state -Court transcripts -Obsessed with procedure -Common law marriage -Definitions of many crimes -Some criminal defenses (insanity, intoxication, infancy) -Idea of criminal intent Level of courts in Common Law -Lower Court- misdemeanors, court has no jury -Trial Court -Appellate Court- an appeal based on mistakes the court may have made in previous trials. If mistakes were significant enough they will conduct another trial. -Trial de novo is Latin for new trial August 25, 2009 Civil Law System -The Continental System -The Napoleonic System
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